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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80X: Commencement of sentence of home detention

You could also call this:

"When home detention starts and how it works if you have more than one sentence"

Illustration for Sentencing Act 2002

When you get a sentence of home detention, it usually starts on the day it is given to you, unless the start date is deferred under section 20A(2)(b) or 80W. This means you will start serving your sentence of home detention on the day you are told you have to, unless the court decides to delay the start date. You might have another sentence of home detention at the same time, or one might start after the other.

If you have two sentences of home detention that start at the same time, at least one of them must start on the day you are given the sentence, or on a date that has been deferred under section 20A(2)(b) or 80W. The second sentence will start when the first one finishes. This is how the court decides when your sentences of home detention will start and finish.

If you already have a sentence of home detention and you get another one, the new sentence will start when the first one finishes. But if the first sentence is quashed, the new sentence will start from the day it was given to you, and you will get credit for any time you served under the quashed sentence. If the first sentence is cancelled, the new sentence will start from the day the first sentence was cancelled, and you will not get credit for any time you served under the cancelled sentence.

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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=DLM136424.

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80W: Court may defer start date of sentence of home detention, or

"The court can delay when you start home detention for up to 2 months if they think it's fair."

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80Y: Commencement of sentence of home detention after temporary surrender under Extradition Act 1999, or

"When you're sent to NZ temporarily and get home detention, here's when it starts"

Part 2Sentences, orders, and related matters
Home detention

80XCommencement of sentence of home detention

  1. A sentence of home detention commences on the day it is imposed unless the start date of the sentence is deferred under section 20A(2)(b) or 80W.

  2. Subsection (1) applies—

  3. subject to the remainder of this section; and
    1. regardless of whether or not the sentence is imposed in substitution for another sentence.

      1. If a sentence of home detention is imposed cumulatively on another sentence of home detention imposed at the same time,—

      2. at least 1 of the sentences must commence on the day that the sentence is imposed or to which the start date has been deferred under section 20A(2)(b) or 80W; and
        1. the commencement date for the subsequent sentence is the detention end date of the first sentence.

          1. If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence) to which the offender is already subject, the commencement date of the subsequent sentence is the detention end date of the first sentence.

          2. If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—

          3. the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and
            1. any time served under the quashed sentence must be treated as having been served under the subsequent sentence.

              1. If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled,—

              2. the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and
                1. any time served under the cancelled sentence must not be treated as having been served under the subsequent sentence.

                  Notes
                  • Section 80X: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
                  • Section 80X(1): amended, on , by section 41(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                  • Section 80X(3)(a): amended, on , by section 41(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).