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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

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

You could also call this:

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

Illustration for Sentencing Act 2002

If you are subject to post-detention conditions under two or more orders made under section 80N, a probation officer will check if any of the special conditions are incompatible. The officer will check if any special condition clashes with another, or if it is unreasonable to expect you to comply with one or more of the conditions. If the officer finds any issues, they must apply for a review of the conditions.

The probation officer's application for a review will be dealt with in a similar way to applications made under section 80R. You will be subject to the same process, with any necessary changes. The officer's goal is to ensure the conditions are fair and reasonable for you to follow.

When the probation officer applies for a review, they are trying to make sure the conditions are compatible and reasonable for you. The review process will help to resolve any issues with the conditions, and section 80R will guide how the application is handled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136417.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80P: Special post-detention conditions, or

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

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80R: Variation or discharge of post-detention conditions, or

"Changing or cancelling rules you must follow after being detained"

Part 2Sentences, orders, and related matters
Home detention

80QReview of post-detention conditions if conditions incompatible

  1. This section applies if—

  2. an offender is, at the same time, subject to post-detention conditions imposed under 2 or more orders made under section 80N; and
    1. a probation officer is satisfied that—
      1. any special condition to which the offender is subject under any of the orders is incompatible with any other special condition to which the offender is subject under any other of the orders; or
        1. in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.

        2. The probation officer must apply for a review of the conditions to which the offender is subject under the orders made under section 80N.

        3. Section 80R applies with any necessary modifications to an application made under this section.

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