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Sentencing Act 2002

Sentences, orders, and related matters - Judicial monitoring

80ZM: Procedure if possible grounds for variation or cancellation of sentence exist

You could also call this:

"What happens if a Judge thinks your sentence might need to be changed or cancelled"

Illustration for Sentencing Act 2002

If you are given a sentence of intensive supervision or home detention, a Judge might think there is a reason to change or cancel it. The Judge will listen to you and your probation officer before deciding what to do. If the Judge thinks there might be a reason to change or cancel your sentence, they can ask for more information to help them decide.

The Judge will then set a date for a hearing to listen to more information about whether your sentence should be changed or cancelled. At the hearing, the Judge will listen to what you and others have to say about changing or cancelling your sentence.

After the hearing, the Judge can change or cancel your sentence according to what is said in section 54K or section 80F, which are the rules that apply to your situation.

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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=DLM136440.

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Part 2Sentences, orders, and related matters
Judicial monitoring

80ZMProcedure if possible grounds for variation or cancellation of sentence exist

  1. If, after hearing from the offender and the probation officer, the Judge considers that there may be grounds for variation or cancellation of the sentence of intensive supervision or home detention, he or she may request submissions on whether the sentence should be varied or cancelled.

  2. If the Judge requests further submissions under subsection (1), he or she must set the matter down for a hearing.

  3. After hearing submissions on whether the sentence should be varied or cancelled at the hearing, the Judge may vary or cancel the sentence of intensive supervision or home detention in accordance with section 54K or 80F (whichever is applicable) as if an application had been made under either of those sections.

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