Sentencing Act 2002

Sentences, orders, and related matters - Home detention

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

You could also call this:

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

Illustration for Sentencing Act 2002

If you want to appeal a decision about changing a prison sentence to home detention, this section applies. You can appeal if a court decides to let someone apply to change their sentence, or if the court says no to this application, under section 80I or 80K(7). This is for the purposes of filing and determining your appeal.

When you appeal, the court's decision about changing a sentence is treated like a sentence itself, for the purposes of Part 6 of the Criminal Procedure Act 2011. This means the court's decision under section 80I or 80K(7) is considered a sentence. You need to follow the rules for appealing a sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136410.


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

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


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80K: Application for cancellation of sentence of imprisonment and substitution of sentence of home detention, or

"Asking the court to swap a short prison sentence for home detention"

Part 2Sentences, orders, and related matters
Home detention

80JAppeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention

  1. This section applies for the purposes of filing and determining any appeal against an order granting leave, or a refusal of the court to grant leave, under section 80I or 80K(7).

  2. For the purposes of Part 6 of the Criminal Procedure Act 2011, an order under section 80I or 80K(7) is a sentence.

Notes
  • Section 80J: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 80J(2): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).