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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

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

You could also call this:

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

Illustration for Sentencing Act 2002

If you are an offender who is temporarily sent to New Zealand under the Extradition Act 1999, and you are convicted and sentenced to home detention, there are some rules you need to follow. You will also have to go back to the country you came from after your court case is finished, as stated in section 66(2) of the Extradition Act 1999.

Your sentence of home detention does not start until you have seen a probation officer after you get back to New Zealand, unless the court says otherwise. You must tell a probation officer if anything changes that might affect where you will be living during your home detention, before you start your sentence. You also have to see a probation officer within 72 hours of arriving back in New Zealand.

This rule applies even if there are other rules in the Sentencing Act that say something different.

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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=DLM136425.

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80X: Commencement of sentence of home detention, or

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

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80Z: When home detention ends, or

"Home detention ends on your finish date or when a court says it's over"

Part 2Sentences, orders, and related matters
Home detention

80YCommencement of sentence of home detention after temporary surrender under Extradition Act 1999

  1. This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

  2. is convicted and sentenced under this Act to a sentence of home detention; and
    1. is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from where the offender was surrendered on completion of the proceedings to which the extradition related.

      1. Unless the court otherwise directs, the sentence imposed does not commence until the offender has reported to a probation officer after being returned to New Zealand.

      2. An offender to whom this section applies must—

      3. advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence before he or she commences the sentence; and
        1. report to a probation officer within 72 hours of the offender's arrival in New Zealand.

          1. This section applies despite any other provisions in this Act.

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