Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Community detention

69IA: When time ceases to run on sentence of community detention

You could also call this:

"When does time stop counting towards your community detention sentence?"

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When you are serving a sentence of community detention, time stops counting towards your sentence during certain periods. This happens when you lodge an application under section 69I(1)(a) and it is being considered by the court. The court can decide that some or all of the time that passed while your application was being considered counts as time served on your sentence. The court makes this decision based on how well you followed the conditions of your sentence and if you spent any time in custody.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5887616.


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Part 2Sentences, orders, and related matters
Community-based sentences: Community detention

69IAWhen time ceases to run on sentence of community detention

  1. For the purpose of calculating how much time an offender has served on a sentence of community detention,—

  2. time ceases to run on the sentence during any period between the date on which an application under section 69I(1)(a) is lodged and the date on which the application is determined by the court; but
    1. some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
      1. the extent (if any) to which the offender has complied with any conditions of the sentence; and
        1. the amount of time (if any) that the offender has spent in custody.
        Notes
        • Section 69IA: inserted, on , by section 28 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).