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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80A: Sentence of home detention

You could also call this:

"Being sentenced to stay at home as punishment for a crime"

Illustration for Sentencing Act 2002

A court can sentence you to home detention if you are found guilty of a crime that can be punished with prison time. The court must be satisfied that the place you will be living is suitable and the people living there understand the rules of home detention. They must also agree to you serving your sentence there.

The court must make sure you understand the rules of home detention and that you agree to follow them. The place you will be living must be in an area where the Department of Corrections operates a home detention scheme. Before sentencing you to home detention, the court must consider a report prepared by a probation officer, as required by section 26A.

The court can sentence you to home detention for any period of time, but it must be at least 14 days and no more than 12 months. The court must specify where you will be living when sentencing you to home detention. When you are serving a sentence of home detention, you are not considered to be in custody. This is all subject to the rules outlined in section 80B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136401.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80B: Concurrent and cumulative sentences of home detention, or

"Serving home detention sentences at the same time or one after the other"

Part 2Sentences, orders, and related matters
Home detention

80ASentence of home detention

  1. A court may sentence an offender to a sentence of home detention if—

  2. the offender is convicted of an offence punishable by imprisonment; or
    1. the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction.

      1. A court may sentence an offender to home detention under subsection (1) if—

      2. the court is satisfied that—
        1. the proposed home detention residence is suitable; and
          1. the relevant occupants (as defined in section 26A(4)) of the proposed home detention residence—
            1. understand the conditions of home detention that will apply to the offender; and
              1. consent to the offender serving the sentence in the residence in accordance with those conditions; and
                1. have been informed that they may withdraw their consent to the offender serving the sentence in the residence at any time; and
                2. the offender has been made aware of and understands the conditions that will apply during home detention, and he or she agrees to comply with them; and
                3. the proposed home detention residence is in an area in which a home detention scheme is operated by the chief executive of the Department of Corrections.

                  1. Before imposing a sentence of home detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.

                  2. A sentence of home detention may be for such period as the court thinks fit, but must not be for less than 14 days or more than 12 months.

                  3. The court must specify the home detention residence when sentencing the offender to a sentence of home detention.

                  4. An offender sentenced to home detention is not in custody while serving the sentence.

                  5. This section is subject to section 80B.

                  Notes
                  • Section 80A: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
                  • Section 80A(2A): inserted, on , by section 33 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).