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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZB: Time ceases to run in certain circumstances

You could also call this:

"Time spent in home detention might not count if you're waiting for a court decision."

Illustration for Sentencing Act 2002

When you are serving a sentence of home detention, time does not count towards your sentence during certain periods. This happens when you have made an application under section 80F(1)(a) and the court has not yet made a decision. The court will decide later if some or all of this time should still count as time served.

The court will think about how well you followed the detention conditions and how much time you spent in custody when making this decision. They will use this information to decide if the time should count towards your sentence. You will find out what the court decides after they have considered your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136428.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80ZA: When detention conditions suspended, or

"What happens to your home detention when you're in police custody"

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80ZC: Order must be drawn up, or

"The court must write down the rules of your home detention sentence in a document called an order."

Part 2Sentences, orders, and related matters
Home detention

80ZBTime ceases to run in certain circumstances

  1. For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served,—

  2. time ceases to run on the sentence during any period between the date on which an application under section 80F(1)(a) is lodged and the date on which the application is determined by the court; but
    1. some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
      1. the extent (if any) to which the offender has complied with any detention conditions; and
        1. the amount of time (if any) that the offender has spent in custody.

        Notes
        • Section 80ZB: replaced, on , by section 42 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).