Sentencing Act 2002

Conditions on release of offender sentenced to imprisonment for short term

93 Imposition of conditions on release of offender sentenced to imprisonment for short term

(1)

A court that sentences an offender to a term of imprisonment of 12 months or less may impose the standard conditions and any special conditions on the offender and, if it does so, must specify when the conditions expire.

(2)

If a court sentences an offender to a term of imprisonment of more than 12 months but not more than 24 months,—

(a)

the standard conditions apply to the offender until the sentence expiry date, unless the court specifies a different date; and sections 94, 95, and 96 apply as if the standard conditions had been imposed by order of the court; and

(b)

the court may at the same time impose any special conditions on the offender and, if it does so, must specify when the conditions expire.

(2A)

The court may specify that conditions imposed under this section expire on—

(a)

the sentence expiry date; or

(b)

the date that is a specified period before the sentence expiry date; or

(c)

the date that is a specified period of up to 6 months after the sentence expiry date.

(2AB)

If the court imposes special conditions on an offender, the special conditions may apply for as long as, but no longer than, the standard conditions apply to the offender.

(2B)

In this section,—

sentence expiry date has the meaning given to it in section 4 of the Parole Act 2002

special conditions includes, without limitation, conditions of a kind described in section 15(3) of the Parole Act 2002, other than a residential restriction condition referred to in section 15(3)(ab) of that Act

standard conditions means the conditions set out in section 14(1) of the Parole Act 2002.

(3)

A special condition must not be imposed unless it is designed to—

(a)

reduce the risk of reoffending by the offender; or

(b)

facilitate or promote the rehabilitation and reintegration of the offender; or

(c)

provide for the reasonable concerns of victims of the offender.

(3A)

The court must not impose an electronic monitoring condition described in section 15(3)(f) of the Parole Act 2002 unless it has had regard to the opinion of the chief executive of the Department of Corrections in a pre-sentence report provided under section 26.

(4)

No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—

(a)

has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and

(b)

consents to taking the prescription medication.

(5)

If a court sentences an offender to a term of imprisonment of more than 24 months, it must not impose conditions on the offender’s release from imprisonment (and section 18(2) of the Parole Act 2002 applies).

(6)

A court must not impose conditions on an offender’s release from imprisonment if—

(a)

the court sentences an offender to an indeterminate sentence of imprisonment; or

(b)

the court sentences an offender to imprisonment who is already subject to an indeterminate sentence of imprisonment.

(7)

[Repealed]

(8)

If the court sentences the offender to more than 1 term of imprisonment on the same occasion,—

(a)

only 1 order under this section may be made; and

(b)

that order applies in respect of all the sentences of imprisonment imposed on that occasion.

Section 93(1): replaced, on 7 July 2004, by section 9(1) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 93(2): replaced, on 7 July 2004, by section 9(1) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 93(2)(a): amended, on 17 December 2016, by section 101 of the Statutes Amendment Act 2016 (2016 No 104).

Section 93(2A): inserted, on 7 July 2004, by section 9(1) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 93(2AB): inserted, on 22 January 2014, by section 45(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).

Section 93(2B): inserted, on 7 July 2004, by section 9(1) of the Sentencing Amendment Act 2004 (2004 No 68).

Section 93(2B) special conditions: replaced, on 22 December 2016, by section 9(1) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).

Section 93(3A): inserted, on 22 December 2016, by section 9(2) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).

Section 93(7): repealed, on 7 July 2004, by section 9(2) of the Sentencing Amendment Act 2004 (2004 No 68).