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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80I: Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

You could also call this:

"Changing a prison sentence to home detention if you find a suitable place to stay"

Illustration for Sentencing Act 2002

If a court sentences you to a short prison term, this law might apply. You must have been sentenced to prison because you did not have a suitable place to stay for home detention at the time. The court must give you permission to ask them to change your prison sentence to home detention if you find a suitable place to stay later.

When the court sentences you, they have to make an order that lets you apply to change your sentence. This order means you can ask the court to cancel your prison sentence and give you home detention instead. You can do this if you find a suitable place to stay after you have been sentenced.

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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=DLM136409.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80H: Alternative residence pending determination of application under section 80F, or

"Living somewhere else while your application is being decided"

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80J: Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention, or

"Appealing a decision to change a prison sentence to home detention"

Part 2Sentences, orders, and related matters
Home detention

80ILeave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

  1. This section applies if—

  2. a court has sentenced an offender to a short-term sentence of imprisonment; and
    1. at the time of sentencing, the court would have sentenced the offender to a sentence of home detention if a suitable residence had been available.

      1. At the time of sentencing, the court must make an order granting the offender leave to apply to the court of first instance for cancellation of the sentence of imprisonment and substitution of a sentence of home detention if the offender finds a suitable residence at a later date.

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