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Sentencing Act 2002

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

95: Review of conditions if conditions incompatible

You could also call this:

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

Illustration for Sentencing Act 2002

If you are an offender with conditions from two or more orders made under section 93, a probation officer will check if any of these conditions clash with each other. The officer will also check if it is unreasonable for you to follow all the conditions because of the way they work together. You might have conditions that do not work well together, or it might be too hard for you to follow all of them. If this happens, the probation officer must ask for a review of your conditions under the orders made under section 93. The rules from section 94 will be used when the officer asks for this review, with some changes if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136480.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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94: Variation of release conditions, or

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

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96: Offence to breach conditions, or

"Breaking prison release rules is a crime"

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

95Review of conditions if conditions incompatible

  1. This section applies if—

  2. an offender is, at the same time, subject to conditions imposed under 2 or more orders made under section 93; and
    1. a probation officer is satisfied that—
      1. any condition to which the offender is subject under any of the orders is incompatible with any other condition to which the offender is subject under any other of the orders; or
        1. in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with any 1 or more of the conditions.

        2. The probation officer must apply for a review of the conditions to which the offender is subject under the orders made under section 93.

        3. Section 94 applies with any necessary modifications to an application made under this section.