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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZGC: Resumption of sentence of home detention

You could also call this:

"What happens when a home detention sentence is put on hold and might start again"

Illustration for Sentencing Act 2002

If you have a sentence of home detention that is suspended, this means it is put on hold. You will not have to serve this sentence until something specific happens. This sentence is suspended until it resumes or is cancelled.

If you are in prison and your prison sentence is quashed, you must report to a probation officer within 72 hours of being released. When you report to the probation officer, your home detention sentence will start again. The court must tell the Department of Corrections about what happened to your prison sentence.

If your home detention sentence does not start again, it will be cancelled when you are no longer in prison. This is what happens if your prison sentence is quashed and you do not have to go back to serving your home detention sentence. You can find more information about this in the Administration of Community Sentences and Orders Act 2013.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5887668.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Suspension time doesn't count towards your home detention sentence"

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80ZGD: Effect of appeal on resumption of sentence of home detention, or

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Part 2Sentences, orders, and related matters
Home detention

80ZGCResumption of sentence of home detention

  1. This section applies to a sentence of home detention that is suspended under section 80ZG(2) or 80ZGA(2).

  2. The sentence of home detention is suspended until the earlier of the following events:

  3. it resumes under subsection (3); or
    1. it resumes under section 80ZG(6)(c); or
      1. it is cancelled under subsection (5).

        1. If the sentence or sentences of imprisonment are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—

        2. the offender must report to a probation officer as soon as practicable and not later than 72 hours after being released from detention; and
          1. the sentence of home detention resumes when the offender has reported as required under paragraph (a).

            1. The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.

            2. If the sentence of home detention does not resume under section 80ZG(6)(c) or subsection (3), it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.

            Notes
            • Section 80ZGC: inserted, on , by section 43 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).