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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80R: Variation or discharge of post-detention conditions

You could also call this:

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

Illustration for Sentencing Act 2002

If you have conditions to follow after being detained, you or a probation officer can ask a court to change or cancel these conditions. The court can look at your request and decide what to do. You can ask the court to suspend or change a condition, or add a new one, as long as it is something that could have been part of your original sentence.

When you make this request, the court uses a process similar to the one described in section 72. The court can choose to suspend or vary any condition, or add a new one, as described in section 80N. It can also cancel a condition and replace it with a new one that could have been part of your original sentence.

If the court changes or adds a special condition, it must follow the rules in section 80P. While the court is considering your request, a probation officer can temporarily suspend the condition until the court makes a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136418.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80Q: Review of post-detention conditions if conditions incompatible, or

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

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80S: Offence to breach detention conditions, or

"Breaking home detention rules can get you in trouble with the law"

Part 2Sentences, orders, and related matters
Home detention

80RVariation or discharge of post-detention conditions

  1. An offender who is subject to post-detention conditions imposed under section 80N, or a probation officer, may apply for an order under subsection (3).

  2. Section 72 applies, with any necessary modifications, to an application under this section.

  3. On an application under subsection (1), the court may, if it thinks fit,—

  4. suspend or vary any condition, or impose any additional conditions described in section 80N, that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed; or
    1. discharge a condition and substitute any other condition described in section 80N that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

      1. If the court varies a special condition or imposes an additional special condition under subsection (3), section 80P applies.

      2. If an application is made under this section for the suspension, variation, or discharge of any condition, a probation officer may suspend the condition until the application has been heard and disposed of.

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