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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80B: Concurrent and cumulative sentences of home detention

You could also call this:

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

Illustration for Sentencing Act 2002

If you are given a sentence of home detention and you are already serving one, you will serve them at the same time unless the court says otherwise. The court can decide that you serve the sentences one after the other, which is called cumulatively. You cannot serve more than 12 months of home detention in total if you are serving cumulative sentences.

When the court is deciding whether to give you more than one sentence of home detention, they must think about the guidance under sections 84 and 85 as if it applied to sentences of home detention. This helps the court make a fair decision about your sentence.

If you are given a sentence of community work and a sentence of home detention, you will serve them at the same time, unless the court says otherwise, and subject to section 57A. This means you will do your community work and serve your home detention at the same time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136402.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80A: Sentence of home detention, or

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

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80C: Detention conditions applying to offender sentenced to home detention, or

"Rules you must follow if you're sentenced to stay at home as punishment"

Part 2Sentences, orders, and related matters
Home detention

80BConcurrent and cumulative sentences of home detention

  1. If a court imposes a sentence of home detention on an offender who is already subject to a sentence of home detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

  2. If a court imposes cumulative sentences of home detention or imposes 1 or more sentences of home detention on an offender who is already serving a sentence of home detention, the total term of the sentences of home detention must not be more than 12 months.

  3. Before deciding to impose 2 or more sentences of home detention cumulatively or concurrently, the court must consider the guidance under sections 84 and 85 as if it applied to sentences of home detention.

  4. Subject to section 57A, if a court imposes a sentence of community work and a sentence of home detention, or imposes one of them on an offender who is already subject to the other, the sentences must be served concurrently.

Notes
  • Section 80B: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).