Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80P: Special post-detention conditions

You could also call this:

"Rules to help you stay out of trouble after serving a sentence"

Illustration for Sentencing Act 2002

When you have finished serving a sentence, a court can add special conditions to help you stay out of trouble. The court will only do this if they think you might offend again, and that standard conditions would not be enough to stop you. The court wants to help you rehabilitate and reintegrate into society.

The special conditions can include things like where you live, how you manage your money, or what you do to earn a living. You might be required to take prescription medication, but only if you have been fully informed about the medication and you agree to take it. The court can also stop you from doing things that might lead to further offending, such as using controlled drugs, psychoactive substances, or alcohol, as defined in section 4(1).

The court can set conditions related to a programme, which has the same meaning as in section 54H. The court can also set any other conditions they think will help reduce the likelihood of you offending again. However, the court cannot require you to submit to electronic monitoring, although you might be required to submit to continuous monitoring if you have a drug or alcohol condition, as outlined in section 80ZO(2)(b).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM136416.


Previous

80O: Standard post-detention conditions, or

"Rules to follow after serving a sentence at home"


Next

80Q: Review of post-detention conditions if conditions incompatible, or

"Checking if rules after detention are fair and don't clash with each other"

Part 2Sentences, orders, and related matters
Home detention

80PSpecial post-detention conditions

  1. A court may impose any of the special post-detention conditions described in subsection (2) if the court is satisfied that—

  2. there is a significant risk of further offending by the offender; and
    1. standard conditions alone would not adequately reduce that risk; and
      1. the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
        1. The special post-detention conditions are the following—

        2. any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:
          1. conditions requiring the offender to take prescription medication:
            1. conditions prohibiting the offender from doing 1 or more of the following:
              1. using (as defined in section 4(1)) a controlled drug:
                1. using a psychoactive substance:
                  1. consuming alcohol:
                  2. conditions relating to a programme:
                    1. any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
                      1. For the purposes of subsection (2), programme has the same meaning as in section 54H.

                      2. No court may impose a special post-detention condition that the offender submit to electronic monitoring.

                      3. However, subsection (4) does not prevent the court from imposing a drug or alcohol condition, which would mean that the offender may be required, under section 80ZO(2)(b), to submit to continuous monitoring.

                      4. No offender may be made subject to a special post-detention condition that requires the offender to take prescription medication unless the offender—

                      5. has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and
                        1. consents to taking the prescription medication.
                          Notes
                          • Section 80P: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
                          • Section 80P(2)(ba): inserted, on , by section 11(1) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
                          • Section 80P(4A): inserted, on , by section 11(2) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).