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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80MA: Registrar must notify controlling officer and offender of resumption of sentence

You could also call this:

"When your appeal is finished, the court tells you and your probation officer when your sentence starts again."

Illustration for Sentencing Act 2002

If you appeal against a sentence of home detention and you are not successful, the Registrar of the appeal court must do some things. You might have been granted bail under section 53 or 54 of the Bail Act 2000. The Registrar must tell the controlling officer when your sentence will start again. The controlling officer is the person in charge of your probation area, as defined in section 27 of the Corrections Act 2004. The Registrar must also tell you when your sentence will start again if you are not in court when the appeal is finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5693600.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80M: Appeals in respect of substituted sentences, or

"Appealing a new sentence given by the court to replace an old one"

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80N: Imposition of post-detention conditions on offender, or

"Rules to follow after home detention ends"

Part 2Sentences, orders, and related matters
Home detention

80MARegistrar must notify controlling officer and offender of resumption of sentence

  1. If the outcome of an offender's appeal against a sentence of home detention is unsuccessful and the offender has been granted bail under section 53, or 54 of the Bail Act 2000, the Registrar of the appeal court must—

  2. notify the controlling officer (within the meaning of section 27 of the Corrections Act 2004) of the probation area in which the sentence is to be served of the date on which the sentence is to resume; and
    1. notify the offender of that date if he or she is not present in court at the time the appeal is disposed of.

      Notes
      • Section 80MA: inserted, on , by section 38 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
      • Section 80MA: amended, on , by section 99(1) of the Courts Matters Act 2018 (2018 No 50).