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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Conditions on release of offender sentenced to imprisonment for short term

94: Variation of release conditions

You could also call this:

"Changing the rules you must follow when you're out of prison"

Illustration for Sentencing Act 2002

If you are an offender with conditions imposed under section 93, you or a probation officer can apply to change these conditions. The court will consider your application and can make changes if it thinks it is a good idea. The court can suspend or change the conditions, add new ones, or replace old ones with new ones that could have been imposed when you were first sentenced.

When the court makes changes, it must follow certain rules, especially if the conditions involve prescription medication. You must be fully informed about the medication and its effects by a qualified person, and you must agree to take the medication.

If you apply to change your conditions, a probation officer can temporarily suspend them until the court makes a decision. The court will use a process similar to the one outlined in section 72 to consider your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136479.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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93: Imposition of conditions on release of offender sentenced to imprisonment for short term, or

"Rules to follow when you leave prison after a short sentence"

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95: Review of conditions if conditions incompatible, or

"Checking conditions to make sure they work together fairly for you"

Part 2Sentences, orders, and related matters
Imprisonment: Conditions on release of offender sentenced to imprisonment for short term

94Variation of release conditions

  1. An offender who is subject to conditions imposed under section 93, or a probation officer, may apply for an order under subsection (3) of this section.

  2. Section 72 applies with any necessary modifications to an application under this section.

  3. On an application under subsection (1), the court may, if it thinks fit,—

  4. suspend any condition or vary the duration of any condition, or impose additional conditions; or
    1. discharge a condition and substitute any other condition described in section 93 that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed.

      1. The court must not vary any existing condition, or impose any new condition, of a kind referred to in section 93(4) (which involves prescription medication) unless the offender—

      2. 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 an application is made under this section for the suspension, variation, or discharge of any condition, a probation officer may suspend the condition until the application has been heard and disposed of.