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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZG: Effect of subsequent sentence of imprisonment of not more than 12 months

You could also call this:

"What happens to your home detention if you get a short prison sentence"

Illustration for Sentencing Act 2002

If you are serving a sentence of home detention and you get another sentence of imprisonment for 12 months or less, the court must make a decision. The court can either stop your home detention sentence for now, or stop it for the time you are in prison. If the court stops your home detention sentence while you are in prison, it can also change or add conditions to your sentence when you get out. The court can only change conditions about prescription medication if you have talked to a doctor and you agree to take the medication. When you get out of prison, a probation officer will check if it is still okay for you to go back to your home detention address. You must go back to this address unless the court says you can go somewhere else. Your home detention sentence will start again when you arrive at the address. If the probation officer needs to ask the court to change your sentence, you might need to go to a different address until the court makes a decision. Once the court decides, you will go back to your original home detention address. You can find more information about what a probation officer does in section 26A(4)(a), and what conditions can be changed in section 80D(4)(b) or 80P(2)(b). You can also find information about varying a sentence in section 80F and about changing a home detention residence in section 80FA.

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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=DLM136433.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80ZGA: Effect of subsequent sentence of imprisonment of more than 12 months, or

"What happens to your home detention if you get a new prison sentence over 12 months"

Part 2Sentences, orders, and related matters
Home detention

80ZGEffect of subsequent sentence of imprisonment of not more than 12 months

  1. This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to—

  2. a term of imprisonment of not more than 12 months; or
    1. 2 or more terms of imprisonment to be served concurrently, the total term of which is not more than 12 months; or
      1. 2 or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months.

        1. If this section applies, the court must either—

        2. order that the sentence of home detention be suspended; or
          1. order that the sentence of home detention be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment.

            1. If the court suspends the sentence of home detention under subsection (2)(b), it may, if it thinks fit and subject to subsection (4), remit, suspend, or vary any detention or post-detention conditions of the sentence imposed by the court, or impose additional detention or post-detention conditions.

            2. The court may not impose post-detention conditions on an offender under subsection (3) unless the court that sentenced the offender to home detention imposed post-detention conditions.

            3. The court must not vary any existing detention or post-detention condition or impose any new detention or post-detention condition of a kind referred to in section 80D(4)(b) or 80P(2)(b) (which involve prescription medication) unless the offender—

            4. has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and
              1. consents to taking the prescription medication.

                1. If the court suspends the sentence of home detention under subsection (2)(b),—

                2. a probation officer must, before the statutory release date of the sentence of imprisonment,—
                  1. review the suitability of the home detention residence; and
                    1. ensure every relevant occupant (as defined in section 26A(4)(a)) of the home detention residence consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
                      1. if necessary, apply for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA; and
                      2. the offender must go to and remain at the home detention residence after being released from detention, unless absent in accordance with section 80C(3)(a) or (b); and
                        1. the sentence of home detention resumes when the offender has arrived at the home detention residence under paragraph (b).

                          1. If, for the purpose of subsection (6)(a)(iii), the probation officer makes an application for variation of the sentence under section 80F and approves an alternative residence pending determination of the application—

                          2. the offender must go and remain at the alternative address until the application is decided; and
                            1. once the application is decided, subsection (6)(b) and (c) apply accordingly.

                              Notes
                              • Section 80ZG: replaced, on , by section 43 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).