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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80N: Imposition of post-detention conditions on offender

You could also call this:

"Rules to follow after home detention ends"

Illustration for Sentencing Act 2002

If you get a home detention sentence of 6 months or less, the court can give you standard and special conditions to follow after your detention ends. The court must tell you when these conditions will expire. When the court gives you these conditions, it is like making an order that you must follow. You can read more about this in sections 80Q, 80R, 80U, and 80ZG.

If your home detention sentence is more than 6 months, you will have standard conditions for 12 months after your detention ends, unless the court says otherwise. The court can also give you special conditions that you must follow, and it must tell you when these conditions will expire.

The court can say when your conditions will expire, and this can be between 6 months and 12 months after your detention ends. If you have special conditions, they can last as long as your standard conditions, but not longer.

If you get more than one home detention sentence at the same time, the court can only make one order with conditions that apply to all your sentences. If you get a new home detention sentence that you must serve after or at the same time as an existing sentence, any conditions you have will only start after you have finished serving both sentences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136414.

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80MA: Registrar must notify controlling officer and offender of resumption of sentence, or

"When your appeal is finished, the court tells you and your probation officer when your sentence starts again."

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80O: Standard post-detention conditions, or

"Rules to follow after serving a sentence at home"

Part 2Sentences, orders, and related matters
Home detention

80NImposition of post-detention conditions on offender

  1. A court that sentences an offender to a term of home detention of 6 months or less may impose the standard post-detention conditions and any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.

  2. If a court sentences an offender to a term of home detention of more than 6 months,—

  3. the standard post-detention conditions apply to the offender for a period of 12 months from the detention end date, unless the court specifies a different period; and sections 80Q, 80R, 80U, and 80ZG apply as if the standard conditions had been imposed by order of the court; and
    1. the court may, at the same time, impose any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.

      1. The court may specify that post-detention conditions imposed under this section expire on a date that is a specified period of at least 6 months, but no more than 12 months, from the detention end date.

      2. If the court imposes special post-detention conditions on the offender, the special post-detention conditions may apply for as long as, but not longer than, the standard post-detention conditions that apply to the offender.

      3. If the court sentences the offender to more than 1 sentence of home detention on the same occasion,—

      4. only 1 order under this section may be made; and
        1. that order applies in respect of all the sentences of home detention imposed on that occasion.

          1. If the court imposes a home detention sentence cumulatively on an existing sentence, or imposes a concurrent sentence of home detention, any post-detention conditions imposed with the first home detention sentence commence only after both sentences have been completed.

          Notes
          • Section 80N: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
          • Section 80N(2)(a): amended, on , by section 99 of the Statutes Amendment Act 2016 (2016 No 104).
          • Section 80N(2)(a): amended, on , by section 39(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
          • Section 80N(6): inserted, on , by section 39(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).