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Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Miscellaneous provisions

79: Period of suspension not counted towards sentence

You could also call this:

"Suspended sentence time does not count towards your total sentence time."

Illustration for Sentencing Act 2002

If you get a sentence of supervision, community work, intensive supervision, or community detention, and it is suspended under section 78(2) or (7), the time it is suspended does not count towards your sentence. This means that when you are suspended, the clock stops for the period of your sentence. You can find more information about this in section 45(2), section 58(1) and (2), section 54B(2), or section 69B(2). The rules are the same for all these types of sentences. If your sentence is suspended, the time does not count, no matter what type of sentence you have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136098.

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Part 2Sentences, orders, and related matters
Community-based sentences: Miscellaneous provisions

79Period of suspension not counted towards sentence

  1. No period during which a sentence of supervision is suspended under section 78(2) or (7) is counted towards the period under section 45(2).

  2. No period during which a sentence of community work is suspended under section 78(2) or (7) is counted towards the periods referred to in section 58(1) and (2).

  3. No period during which a sentence of intensive supervision is suspended under section 78(2) or (7) is counted towards the period under section 54B(2).

  4. No period during which a sentence of community detention is suspended under section 78(2) or (7) is counted towards the period under section 69B(2).

Notes
  • Section 79(3): inserted, on , by section 42 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 79(4): inserted, on , by section 42 of the Sentencing Amendment Act 2007 (2007 No 27).