New Zealand Legislation: Acts

15A Sentence of home detention

• (1) If a court is lawfully entitled under this or any other enactment to impose a sentence of home detention, it may impose a sentence of home detention only if—

  • (a) the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by any less restrictive sentence or combination of sentences; and

  • (b) the court would otherwise sentence the offender to a short-term sentence of imprisonment.

  (2) This section is subject to any provision in this or any other enactment that—

  • (a) provides a presumption in favour of or against imposing a sentence of home detention in relation to a particular offence; or

  • (b) requires a court to impose a sentence of imprisonment in relation to a particular offence.

  Section 15A: inserted, on 1 October 2007, by section 10 of the Sentencing Amendment Act 2007 (2007 No 27).