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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Permitted combinations of sentences

20A: Subsequent community-based sentence or sentence of home detention

You could also call this:

"What happens if you break the law while on community-based sentence or home detention?"

Illustration for Sentencing Act 2002

If you break the law while serving a community-based sentence or sentence of home detention, you might get another sentence. The court must make sure the new sentence works with the first one, according to section 19. The court can give you a new sentence that works with the first one.

When the court gives you a new sentence, it can start the new sentence after you finish the first one. The court can also cancel the first sentence or replace it with a new one that works with the second sentence. If the court cancels the first sentence, it must think about the part of the sentence you did not finish.

You are still serving a sentence of home detention until you are no longer subject to any post-detention conditions imposed under section 80N. If the court defers your new sentence for more than 2 months, a probation officer must check if your home detention residence is still suitable. The officer must also make sure the people living with you agree to you going back to the residence.

A relevant occupant is someone who lives with you, as defined in section 26A(4)(a). The court has rules to follow when giving you a new sentence, and it must follow these rules to make sure everything is fair. The court's decision will depend on your specific situation and the laws that apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5886800.

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Part 1Sentencing purposes and principles, and provisions of general application
Permitted combinations of sentences

20ASubsequent community-based sentence or sentence of home detention

  1. This section applies to an offender who, while serving a community-based sentence or sentence of home detention (the first sentence), is sentenced to another community-based sentence or sentence of home detention (the second sentence) in respect of another offence.

  2. The court must, when imposing the second sentence,—

  3. impose a sentence that would be permitted in combination with the first sentence under section 19; or
    1. defer the commencement of the second sentence until the first sentence has been served; or
      1. cancel the first sentence; or
        1. cancel the first sentence and substitute any other sentence 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 so that the sentences are a permitted combination of sentences under section 19.

          1. When cancelling the first sentence under subsection (2)(c) or (d), the court must, when imposing the second sentence or substituting the first sentence with another sentence, as the case may be, take into account the portion of the first sentence that remains unserved.

          2. A court—

          3. must not cancel a first sentence under subsection (2)(c) or (d) if that sentence has been imposed by a higher court; and
            1. if it considers the first sentence should be cancelled, must refer the matter to the court that imposed the first sentence.

              1. For the purposes of this section, an offender is to be treated as serving a sentence of home detention until the offender is no longer subject to any post-detention conditions imposed under section 80N (if any).

              2. Sections 54, 54K, 68, 69I, and 80F (which relate to the variation or cancellation of community-based sentences and a sentence of home detention) do not apply to a cancellation under this section.

              3. If the second sentence is a sentence of home detention or community detention and the court defers, under subsection (2)(b), the commencement of that sentence for more than 2 months, a probation officer must—

              4. review the suitability of the home detention residence or curfew address; and
                1. ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence or curfew address; and
                  1. if necessary, apply to the court for a variation or cancellation of the sentence under section 69I or 80F or obtain from the chief executive of the Department of Corrections a variation of the curfew address or home detention residence under section 69JA or 80FA.

                    1. In this section, relevant occupant has the meaning given to it by section 26A(4)(a).

                    Notes
                    • Section 20A: inserted, on , by section 13 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).