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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80U: Offence to breach post-detention conditions

You could also call this:

"Breaking rules after being detained can get you in trouble"

Illustration for Sentencing Act 2002

If you break the rules you agreed to after being detained, you can get in trouble. You might have to go to prison for up to 6 months or pay a fine of up to $1,500. This happens if you break the rules without a good reason, and these rules were set under section 80N or section 80R.

If one of your rules is about taking prescription medication, as mentioned in section 80P(2)(b), you do not break the rules if you decide you do not want to take the medication anymore. You have the right to stop taking the medication if you want to.

You will only get in trouble if you break the other rules without a good reason, and you can still get help if you are struggling with your rules.

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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=DLM136421.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80T: Offence to refuse entry to home detention residence, or

"Refusing to let officials into your home detention can get you in trouble"

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80UA: Offences related to post-detention conditions that are drug or alcohol conditions, or

"Breaking rules about not using drugs or alcohol after being detained can get you in trouble"

Part 2Sentences, orders, and related matters
Home detention

80UOffence to breach post-detention conditions

  1. An offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who breaches, without reasonable excuse, any post-detention conditions imposed under section 80N or 80R.

  2. In the case of a condition of the kind referred to in section 80P(2)(b) (which involves prescription medication), an offender does not breach his or her conditions for the purposes of this section if he or she withdraws consent to taking prescription medication.

Notes
  • Section 80U: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 80U(1): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).