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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Non-association orders

119: Effect of subsequent sentences on non-association order

You could also call this:

"What happens to a non-association order if you get sentenced for another crime?"

Illustration for Sentencing Act 2002

If you have a non-association order and you get sentenced for another crime, some things can happen to your order. If you get sentenced to prison for more than 24 months, your non-association order is suspended. This means you do not have to follow the order while you are in prison.

If you get a different sentence, the court can decide to suspend your non-association order. If you get sentenced to prison for 24 months or less, what happens to your non-association order depends on your situation. If your non-association order was supposed to start after you finished a previous prison sentence, it will now start after you finish your new prison sentence.

If your non-association order was already running while you were in prison, it will keep running while you are detained. When you get out of prison, you will still have to follow the order for the rest of the time that was originally set. You can compare this to a previous law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136825.

Topics:
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118: Breach of non-association order constitutes offence, or

"Breaking a non-association order is a crime and can lead to prison or a fine."

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120: Resumption of non-association order if sentence of imprisonment quashed, or

"What happens to a non-association order if a prison sentence is cancelled"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

119Effect of subsequent sentences on non-association order

  1. If an offender who is subject to a non-association order (whether or not it is cumulative on a sentence of imprisonment and whether or not the period of non-association has commenced) is subsequently sentenced for another offence, the following provisions apply:

  2. if the offender is subsequently sentenced to imprisonment for a term of more than 24 months, the non-association order is suspended:
    1. if any other sentence is imposed, the court may make an order suspending the non-association order:
      1. if the offender is sentenced to imprisonment for a term of 24 months or less and the court makes no order under paragraph (b),—
        1. if the non-association order is cumulative on a sentence of imprisonment and the period of non-association specified by the order has not commenced, the period of non-association does not commence until the day on which the offender is released from detention after serving each sentence of imprisonment to which he or she is subject:
          1. in any other case, the period of non-association continues to run while the offender is detained and, on the offender's release, he or she continues to be subject to the non-association order for any unexpired residue of the period of non-association.

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