(1) A court may impose a sentence of reparation if an offender has, through or by means of an offence of which the offender is convicted, caused a person to suffer—

• (a) loss of or damage to property; or

• (b) emotional harm; or

• (c) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property.

(2) Despite subsection (1), a court must not impose a sentence of reparation in respect of emotional harm, or loss or damage consequential on emotional harm, unless the person who suffered the emotional harm is a person described in paragraph (a) of the definition of victim in section 4.

(3) In determining whether a sentence of reparation is appropriate or the amount of reparation to be made for any consequential loss or damage described in subsection (1)(c), the court must take into account whether there is or may be, under the provisions of any enactment or rule of law, a right available to the person who suffered the loss or damage to bring proceedings or to make any application in relation to that loss or damage.

(4) Subsection (3) applies whether or not the right to bring proceedings or make the application has been exercised in the particular case, and whether or not any time prescribed for the exercise of that right has expired.

(5) Despite subsections (1) and (3), the court must not order the making of reparation in respect of any consequential loss or damage described in subsection (1)(c) for which the court believes that a person has entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001.

(6) When determining the amount of reparation to be made, the court must take into account any offer, agreement, response, measure, or action as described in section 10.

(7) The court must not impose as part of a sentence of reparation an obligation on the offender to perform any form of work or service for the person who suffered the harm, loss, or damage.

(8) Nothing in section 320 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies to sentencing proceedings.

(1) If the court considers that a sentence of reparation may be appropriate, the court may order a probation officer, or any other person designated by the court for the purpose, to prepare a reparation report for the court in accordance with section 34 on all or any of the following matters:

• (a) in the case of loss of or damage to property, the value of that loss or damage and any consequential loss or damage:

• (b) in the case of emotional harm, the nature of that harm and the value of any consequential loss or damage:

• (c) in the case of any loss or damage consequential on physical harm,—

  • (i) the nature and value of the loss or damage; and

  • (ii) the extent to which the person who suffered the loss or damage is likely to be covered by entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001:

• (d) the financial capacity of the offender:

• (e) the maximum amount that the offender is likely to be able to pay under a sentence of reparation:

• (f) the frequency and magnitude of any payments that should be required under a sentence of reparation, if provision for payment by instalments is thought desirable.

(2) The court may decline to seek a report under subsection (1) and impose a sentence of reparation without further inquiry if—

• (a) the court is satisfied as to the amount of reparation that the offender should pay; or

• (b) the type of information referred to in a reparation report is available through other means (including, without limitation, a declaration made following a direction under section 41); or

• (c) in all the circumstances the court considers that a report is unnecessary.

(3) For the purposes of the preparation of a reparation report, a court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42.

(1) A probation officer or other person who is required by a court to prepare a report under section 33 must attempt to gain agreement between the offender and the person who suffered the harm, loss, or damage on the amount that the offender should be required to pay by way of reparation.

(2) If agreement is reached, the probation officer or other person must report the terms of the agreement to the court (in addition to any other matters on which the court has required a report).

(3) If no agreement is reached, the probation officer or other person must,—

• (a) in respect of emotional harm, state in the report the respective positions of the offender and the person who suffered the harm, and that the matter is unresolved; and

• (b) in respect of loss of, or damage to, property, either—

  • (i) determine the value of the loss or damage and the consequential loss or damage on the evidence available, and include that value in the report; or

  • (ii) state in the report that the matter is unresolved; and

• (c) in respect of loss or damage consequential on emotional or physical harm, either—

  • (i) determine the value of the loss or damage on the evidence available, and include that value in the report; or

  • (ii) state in the report the respective positions of the offender and the person who suffered the loss or damage, and that the matter is unresolved.

(4) Despite subsections (1) to (3), the person who suffered the harm, loss, or damage is not obliged to meet with the offender or otherwise participate in the preparation of the report.

(5) The person who prepared a report under this section must give a copy to the person who suffered the harm, loss, or damage unless the court orders otherwise.

(6) Failure to give a copy of any report in accordance with subsection (5) does not affect the validity of the proceedings in a court or of any order made or sentence imposed by a court.

(1) If the offender has insufficient means to pay the total value of the loss, damage, or harm, the court may sentence the offender to make—

• (a) reparation for any amount that is less than the value of the loss, damage, or harm; or

• (b) payment by instalments in respect of the loss, damage, or harm; or

• (c) both (a) and (b).

(2) If the court imposes on an offender a sentence of reparation and a sentence of a fine, any payments received from the offender must be applied first in satisfaction of the amount due under the sentence of reparation.

(1) If a court sentences an offender to make reparation, the court must determine the conditions of the sentence in respect of the following matters:

• (a) the total amount of reparation to be paid by the offender:

• (b) whether the amount is to be paid in 1 lump sum or in instalments:

• (c) if the amount is to be paid in 1 lump sum, whether it is to be paid immediately or at some specified future date:

• (d) if the amount is to be paid in instalments, the frequency and amounts of the instalments.

(2) The court may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court is satisfied that the offender has sufficient means to pay it immediately.

(3) If the court imposes a condition on a sentence of reparation that it must be paid immediately in 1 lump sum, section 83(2) of the Summary Proceedings Act 1957 applies as if the condition were an order under section 83(1) of that Act.

(1) A copy of the conditions of a sentence of reparation must be given to the person who suffered the harm, loss, or damage.

(2) Failure to give a copy of the conditions of the sentence in accordance with this section does not affect the validity of the proceedings in the court or of the sentence imposed by the court.

(1) Every sum payable under a sentence of reparation must be paid to the person who suffered the harm, loss, or damage, or, with that person's consent, to that person's insurer.

(2) A sentence of reparation does not affect any right that the person who suffered the harm, loss, or damage has to recover by civil proceedings any damages in excess of the amount recovered under the sentence.

(1) If an enactment provides that a court may sentence an offender to imprisonment but does not prescribe a fine, the court may sentence the offender to pay a fine instead of sentencing the offender to imprisonment.

(2) If an enactment provides that a court may sentence an offender to a community-based sentence but does not prescribe a fine, the court may sentence the offender to pay a fine instead of imposing a community-based sentence.

(2A) If an enactment provides that a court may sentence an offender to a sentence of home detention but does not provide for a fine, the court may sentence the offender to pay a fine instead of imposing a sentence of home detention.

(3) Subsections (1), (2), and (2A) are subject to any express provision to the contrary in the relevant enactment.

(4) No person may, except as provided by section 28F of the District Courts Act 1947, be sentenced by a District Court in accordance with this section to pay a fine exceeding—

• (a) $10,000, if the court is presided over by a Judge; or

• (b) $400, if the court is presided over by a Justice or 1 or more Community Magistrates.

(1) In determining the amount of a fine, the court must take into account, in addition to the provisions of sections 7 to 10, the financial capacity of the offender.

(2) Subsection (1) applies whether taking into account the financial capacity of the offender has the effect of increasing or reducing the amount of the fine.

(3) If under an enactment an offender is liable to a fine of a specified amount, the offender may be sentenced to pay a fine of any less amount, unless a minimum fine is expressly provided for by that enactment.

(4) If a court imposes a fine in addition to a sentence of reparation, it must, in fixing the amount of the fine, take into account the amount payable under the sentence of reparation.

(1) If the court considers that a fine of less than $100 may be an appropriate sentence, it may assume that the offender has the means to pay the fine unless evidence is presented to the contrary.

(2) If the court considers that a fine of $100 or more may be an appropriate sentence, but it is uncertain about the offender's ability to pay the fine, the court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42.

(3) The court may decline to give a direction under subsection (2) and impose a fine without further inquiry if—

• (a) the type of information referred to in a declaration is available through other means (including, without limitation, a reparation report under section 33); or

• (b) in all the circumstances the court considers that a declaration is unnecessary.

A declaration as to financial capacity must contain information on all sources of income, assets, liabilities, and outgoings, including, without limitation,—

• (a) salary and wages:

• (b) benefits and pensions:

• (c) commissions:

• (d) interest and dividends:

• (e) income from rental property:

• (f) ownership of real estate:

• (g) vehicle ownership:

• (h) ownership of other property:

• (i) income and realisable assets that the offender does not currently have but which it is anticipated that the offender will receive during the 12 months following the date of giving the declaration:

• (j) debts:

• (k) essential outgoings of the offender and his or her dependants.

Every person is liable on summary conviction to imprisonment for a period not exceeding 3 months or to a fine not exceeding $1,000 who provides false or misleading information in a declaration of financial capacity provided in accordance with section 42.

(1) In this Act, community-based sentence means the following—

• (a) a sentence of community work:

• (b) a sentence of supervision:

• (c) a sentence of intensive supervision:

• (d) a sentence of community detention.

(2) In sentencing an offender to a community-based sentence, a court may have regard to the potential effect that a particular sentence may have in contributing to the development of an offender's work and living skills.

(1) A court may sentence an offender to supervision if—

• (a) the offender is convicted of an offence punishable by imprisonment; or

• (ab) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or

• (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.

(2) The sentence may be for a period, being not less than 6 months and not more than 1 year, that the court thinks fit.

(3) This section is subject to sections 46 and 47.

A court may impose a sentence of supervision only if the court is satisfied that a sentence of supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

If a court imposes a sentence of supervision in respect of each of 2 or more offences (whether on the same occasion or on different occasions), the sentences must be served concurrently.

An offender who is sentenced to supervision is subject to—

• (a) the standard conditions in section 49; and

• (b) any special conditions imposed by the court under section 50 or section 52 or both.

(1) If an offender is sentenced to supervision, the following standard conditions apply:

• (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after the sentence is imposed:

• (b) the offender must report to a probation officer as and when required to do so by a probation officer, and must notify the officer of his or her residential address and the nature and place of his or her employment when asked to do so:

• (c) the offender must not move to a new residential address in another probation area without the prior written consent of a probation officer:

• (d) if consent is given under paragraph (c), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area:

• (e) if an offender intends to change his or her residential address within a probation area, the offender must give a probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:

• (f) the offender must not reside at any address at which a probation officer has directed the offender not to reside:

• (g) the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage:

• (h) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate:

• (i) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

(2) The conditions in subsection (1)(c) to (f) do not apply to the extent that they are inconsistent with—

• (a) any special conditions imposed by the court; or

• (b) in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.

A court may impose any special condition or conditions related to a programme if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce that risk; and

• (c) the offender requires a programme to reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

For the purposes of section 50, programme means any of the following that is not residential in nature:

• (a) any psychiatric or other counselling or assessment:

• (b) attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme:

• (c) placement in the care of any appropriate person, persons, or agency, approved by the chief executive of the Department of Corrections, such as, without limitation,—

  • (i) an iwi, hapu, or whanau:

  • (ii) a marae:

  • (iii) an ethnic or cultural group:

  • (iv) a religious group, such as a church or religious order:

  • (v) members or particular members of any of the above.

(1) A court may impose any of the special conditions described in subsection (2) if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce that risk; and

• (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

(2) The conditions referred to in subsection (1) are—

• (a) any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:

• (b) conditions requiring the offender to take prescription medication:

• (ba) conditions requiring the offender to undertake training in basic work and living skills:

• (c) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

(3) No court may impose a condition under this section that the offender pay any fine, reparation, or other sum ordered to be paid on conviction, or that the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work.

(3A) No court may impose a condition under this section that the offender submit to electronic monitoring.

(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) An offender does not breach his or her conditions for the purposes of section 70 if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of supervision under section 54.

An offender who is subject to a sentence of supervision must be under the supervision of a probation officer in the probation area in which the offender resides for the time being, or of any other probation officer that the chief executive of the Department of Corrections may direct.

(1) An offender who is subject to a sentence of supervision, or a probation officer, may apply in accordance with section 72 for an order under subsection (3) of this section on the grounds that—

• (a) the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence:

• (b) any programme to which the offender is subject is no longer available or suitable for the offender:

• (c) having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—

  • (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of special conditions, or the imposition of additional special conditions; or

  • (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2) A probation officer may apply in accordance with section 72 for an order under subsection (3) of this section if an offender who is subject to a sentence of supervision is convicted of an offence punishable by imprisonment.

(3) On an application under subsection (1) or subsection (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

• (a) remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions:

• (b) cancel the sentence:

• (c) cancel the sentence and substitute any other sentence (including another sentence of supervision) 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.

(4) The court must not vary any existing condition or impose any new condition of a kind referred to in section 52(2)(b) without the consent of the offender.

(5) When determining a substitute sentence under subsection (3)(c), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(6) If the court cancels a sentence under this section, the sentence expires on the date that the order is made, or on any other date that the court may specify.

(7) If an application is made under this section for the remission, suspension, or variation of any condition imposed by the court, a probation officer may suspend the condition until the application has been heard and disposed of.

(1) While an epidemic management notice is in force,—

• (a) a probation officer who has applied in accordance with section 72 for an order under section 54(3) varying the special conditions subject to which a sentence of supervision was imposed by the court on an offender may himself or herself vary those conditions; and

• (b) any probation officer may himself or herself vary the special conditions subject to which a sentence of supervision was imposed by the court on an offender if the offender has applied in accordance with section 72 for an order under section 54(3) varying those conditions; and

• (c) a probation officer may vary or suspend any standard conditions of a sentence of supervision.

(2) A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard and disposed of.

(3) Any variation or suspension of a standard condition under subsection (1)(c) has effect until the earlier of—

• (a) the revocation of the epidemic management notice; or

• (b) the date on which a probation officer rescinds the variation or suspension.

(1) A court may sentence an offender to intensive supervision if—

• (a) the offender is convicted of an offence punishable by imprisonment; or

• (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or

• (c) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.

(2) The sentence may be for a period, being not less than 6 months and not more than 2 years, that the court thinks fit.

A court may impose a sentence of intensive supervision only if it is satisfied that—

• (a) a sentence of intensive supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender; and

• (b) the nature of the offender's rehabilitative or other needs requires the imposition of conditions—

  • (i) for a period longer than 12 months; or

  • (ii) that are not available through the sentence of supervision.

If a court imposes a sentence of intensive supervision in respect of each of 2 or more offences (whether on the same occasion or on different occasions), the sentences must be served concurrently.

An offender who is sentenced to intensive supervision is subject to—

• (a) the standard conditions in section 54F; and

• (b) any special conditions imposed by the court under section 54G or 54I.

(1) If an offender is sentenced to intensive supervision, the following standard conditions apply:

• (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after the sentence is imposed:

• (b) the offender must report to a probation officer—

  • (i) at least once in each week during the first 3 months of the sentence and at least once in each month during the remainder of the sentence; and

  • (ii) as and when required to do so by a probation officer:

• (c) the offender must notify a probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:

• (d) the offender must not move to a new residential address in another probation area without the prior written consent of a probation officer:

• (e) if consent is given under paragraph (d), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area:

• (f) if an offender intends to change his or her residential address within a probation area, the offender must give a probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:

• (g) the offender must not reside at any address at which a probation officer has directed the offender not to reside:

• (h) the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage:

• (i) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate:

• (j) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

(2) The conditions in subsection (1)(d) to (g) do not apply if, and to the extent that, they are inconsistent with—

• (a) any special condition imposed by the court; or

• (b) in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.

A court may impose any special condition or conditions related to a programme if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce that risk; and

• (c) the offender requires a programme to reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

For the purposes of section 54G, programme means any of the following (whether residential or non-residential in nature):

• (a) any psychiatric or other counselling or assessment:

• (b) attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme:

• (c) placement in the care of any appropriate person, persons, or agency approved by the chief executive of the Department of Corrections, such as, and without limitation,—

  • (i) an iwi, hapū, or whānau:

  • (ii) a marae:

  • (iii) an ethnic or cultural group:

  • (iv) a religious group, such as a church or religious order:

  • (v) members or particular members of any of the above.

(1) A court may impose any of the special conditions described in subsection (3) if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce that risk; and

• (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

(2) A court may only impose a condition of the kind described in subsection (3)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence.

(3) The conditions referred to in subsections (1) and (2) comprise—

• (a) any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:

• (b) conditions requiring the offender to take prescription medication:

• (c) conditions requiring the offender to undertake training in basic work and living skills:

• (d) a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge:

• (e) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

(4) No court may impose a condition under this section that—

• (a) the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or

• (b) the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work; or

• (c) the offender submit to electronic monitoring.

(5) 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.

(6) An offender does not breach his or her conditions for the purposes of section 70A if he or she withdraws consent to taking prescription medication, but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of intensive supervision under section 54K.

An offender who is subject to a sentence of intensive supervision is under the supervision of a probation officer in the probation area in which the offender resides for the time being, or of any other probation officer that the chief executive of the Department of Corrections may direct.

(1) An offender who is subject to a sentence of intensive supervision, or a probation officer, may apply, in accordance with section 72, for an order under subsection (3) of this section on the grounds that—

• (a) the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence:

• (b) any programme to which the offender is subject is no longer available or suitable for the offender:

• (c) having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—

  • (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or

  • (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2) A probation officer may apply, in accordance with section 72, for an order under subsection (3) of this section if an offender who is subject to a sentence of intensive supervision is convicted of an offence punishable by imprisonment.

(3) On an application under subsection (1) or (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

• (a) remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions:

• (b) cancel the sentence:

• (c) cancel the sentence and substitute any other sentence (including another sentence of intensive supervision) 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.

(4) If the court varies a special condition or imposes an additional special condition under subsection (3)(a), section 54I applies.

(5) When determining a substitute sentence under subsection (3)(c), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(6) If the court cancels a sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.

(7) If an application is made under this section for the remission, suspension, or variation of any special condition imposed by the court, a probation officer may suspend the special condition until the application has been heard and disposed of.

(1) While an epidemic management notice is in force,—

• (a) a probation officer who has applied in accordance with section 72 for an order under section 54K(3) varying the special conditions subject to which a sentence of intensive supervision was imposed by the court on an offender may himself or herself vary those conditions; and

• (b) any probation officer may himself or herself vary the special conditions subject to which a sentence of intensive supervision was imposed by the court on an offender if the offender has applied in accordance with section 72 for an order under section 54K(3) varying those conditions; and

• (c) a probation officer may vary or suspend any standard conditions of a sentence of intensive supervision.

(2) A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard or disposed of.

(3) Any variation or suspension of a standard condition under subsection (1)(c) has effect until the earlier of—

• (a) the revocation of the epidemic management notice; or

• (b) the date on which a probation officer rescinds the variation or suspension.

(1) A court may sentence an offender to community work—

• (a) if the offender is convicted of an offence punishable by imprisonment; or

• (ab) if the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or

• (b) if the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.

(2) The sentence may be for the number of hours, being not less than 40 or more than 400, that the court thinks fit.

(3) This section is subject to sections 56 and 57.

(1) In considering whether to impose a sentence of community work, the court must give particular consideration to—

• (a) whether the nature and circumstances of the offending make it appropriate for the offender to be held accountable to the community by making compensation to it in the form of work, in addition to, or instead of, making reparation to any person in respect of the offending; and

• (b) whether the sentence is appropriate having regard to the offender's character and personal history, and to any other relevant circumstances.

(2) A sentence of community work is inappropriate if the court is satisfied that—

• (a) the offender has alcohol, drug, psychiatric, or intellectual problems that indicate that it is unlikely that he or she would complete a sentence of community work; or

• (b) for any other reason it is unlikely that the offender would complete a sentence of community work.

(3) The court may assume that suitable work is available for the offender to perform under the sentence unless the court is advised otherwise by a probation officer.

(1) If a court imposes a sentence of community work on an offender who is already subject to a sentence of community work, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

(2) If a court imposes a sentence of community work in respect of each of 2 or more offences, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

(2A) If a court directs that sentences of community work be served cumulatively (whether or not the sentences are imposed at the same time), the total term of the sentences must not be more than 400 hours.

(3) A sentence of community work must be served concurrently with any sentence of supervision, intensive supervision, community detention, or home detention, whether or not the sentences are imposed at the same time.

If a court imposes both a sentence of community work and a sentence of either intensive supervision or home detention, the court may defer the commencement of the sentence of community work for a specified period if, in its opinion, deferral is necessary to enable the offender to comply with—

• (a) in the case of a sentence of intensive supervision, any conditions imposed under section 54F, 54G, or 54I:

• (b) in the case of a sentence of home detention, any conditions imposed under section 80C or 80D.

(1) If the court imposes a sentence of community work of 100 hours or less, that sentence must be served within 6 months of the date that it commences under section 75, 75A, or 76.

(2) If the court imposes a sentence of community work of more than 100 hours, the offender must serve at least 100 hours in every 6-month period from the date on which the sentence commences until the number of hours imposed under the sentence has been served.

(3) Any work done by an offender under a sentence of community work must be treated as having been done under that sentence and under any and each other concurrent sentence of community work that the offender was subject to at the time that the work was done.

An offender who is subject to a sentence of community work must report in person to a probation officer in the probation area in which the offender resides—

• (a) as soon as practicable, and not later than 72 hours, after the sentence is imposed; and

• (b) as directed at any other time during the sentence for the purpose of monitoring the sentence.

If an offender who is subject to a sentence of community work moves to a new residential address, the offender must, within 72 hours, notify a probation officer of the offender's new residential address.

As soon as practicable after a sentence of community work is imposed, and at any other time during the sentence if the probation officer thinks fit, a probation officer must determine in accordance with sections 62 and 63 whether the community work will be done—

• (a) on placement at a community work centre; or

• (b) on placement with another agency; or

• (c) on placement at a community work centre for a certain number of the hours of work and on placement with another agency for a certain number of the hours of work, as specified by the probation officer.

For the purposes of section 61, the probation officer must take into account—

• (a) the circumstances of the offending; and

• (b) how the offender could benefit from learning work habits or skills through the sentence; and

• (c) the offender's character and personal history; and

• (d) the offender's physical and mental capabilities; and

• (e) the outcome of any restorative justice processes that have occurred in the case; and

• (f) whether there is a community work centre within a reasonable distance of the offender's place of residence; and

• (g) whether there is any agency within a reasonable distance of the offender's place of residence that has sufficient suitable work available for the offender; and

• (h) any other relevant circumstances.

(1) The type of work that an offender may be required to perform for the purposes of a sentence of community work is work—

• (a) at or for any hospital or church or at or for any charitable, educational, cultural, or recreational institution or organisation (including a marae); or

• (b) at or for any other institution or organisation for old, infirm, or disabled persons, or at the home of any old, infirm, or disabled person; or

• (c) on any land of which the Crown or any public body is the owner or lessee or occupier, or any land that is administered by the Crown or any public body; or

• (d) at or for any local authority (within the meaning of the Local Government Act 2002).

(2) No offender may be directed for the purposes of a sentence of community work to do any work if, in doing so, the offender would take the place of any person who would otherwise be employed in doing that work in the ordinary course of that person's paid employment.

(1) If community work is to be done on placement with an agency other than a community work centre, the days on which and the times at which the offender does the work must be fixed by agreement between a probation officer and the agency and notified in writing to the offender.

(2) If the community work is to be done on placement at a community work centre, the days on which and the times at which the offender performs the work must be determined by a probation officer and notified in writing to the offender.

(3) It is not necessary for all the periods of work to be of the same duration, but no period may be longer than 10 hours and no offender may be required to do more than 40 hours of community work per week.

(4) The times at which the offender is required to report, and the periods during which he or she is required to do community work, must be such as to avoid interference, so far as practicable, with the offender's attendance at any place of education or employment, or with his or her religious observances.

(1) An offender who is directed to do community work on placement at a community work centre is subject to the control, direction, and supervision of a probation officer—

• (a) while the offender is at a community work centre; and

• (b) while the offender is at any other place at the direction, or with the permission, of a probation officer; and

• (c) while the offender is travelling between a community work centre and any other place referred to in paragraph (b), or between any 2 such places.

(2) An offender who is directed to do community work on placement with an agency other than a community work centre is subject to the control, direction, and supervision of a probation officer at all times while the offender is doing work or is required to be doing work under the sentence.

(1) An offender who is subject to a sentence of community work may be excused from reporting during any period when the community work centre or other agency at which the offender is required to report is closed.

(2) In special circumstances, a probation officer may excuse an offender from reporting on any day or during any period.

(3) Without limiting subsection (2), if an offender is unable to report on any day or during any period because of illness or injury, a probation officer must, on being satisfied (whether before or after the failure to report) with the circumstances of the case, excuse the offender from the requirement to report on that day or during that period.

(4) For the purpose of determining whether or not to excuse an offender under subsection (3), the probation officer may require that the offender obtain a certificate from a registered medical practitioner as to whether the offender is, will be, or was unfit to report on the day or during the period.

(5) A certificate obtained in accordance with subsection (4) is not conclusive as to whether the offender is, will be, or was unfit to report.

(6) To avoid doubt, if an offender is excused under this section from reporting, that does not have the effect of remitting any of the hours of community work required to be done under the sentence.

(1) This section applies to sentences of community work of at least 80 hours.

(2) A court may, when imposing a sentence of community work, or at any time on application by a probation officer, authorise a probation officer to direct that some of the hours of work ordered to be undertaken be instead spent in training in basic work and living skills.

(3) In determining whether to give an authorisation under this section, the court must take account of both—

• (a) the benefits of skill development to the offender for reducing the likelihood of his or her reoffending; and

• (b) the need to hold the offender accountable to the community by making compensation to it.

(1) If authorised by the court under section 66A, a probation officer may, but is not obliged to, direct that a specified number of hours of work, not exceeding 20% of the total number of hours under the sentence, be instead spent in training in basic work and living skills.

(2) A probation officer may not give a direction under subsection (1) unless—

• (a) it is reasonably practicable for the offender to undertake training in basic work and living skills (having regard to the availability of that training in the place where the offender lives); and

• (b) the offender consents to undertake that training.

(3) Any hours spent by the offender training in basic work and living skills under a direction given under subsection (1) must, for all legal purposes, be treated as hours of authorised community work undertaken by the offender under his or her sentence.

(4) Subsection (3) is subject to section 66C.

If an offender fails, without reasonable excuse, to complete the number of hours training in basic work and living skills directed under section 66B,—

• (a) any hours spent by the offender undertaking that training are not to be treated as hours of authorised community work undertaken by the offender under his or her sentence:

• (b) the offender must, in addition to the period spent in training, but subject to section 67, undertake community work for the total number of hours ordered under the sentence.

(1) If an offender fails to carry out any work under a sentence of community work to the satisfaction of the probation officer, the probation officer may, subject to subsection (2), refuse to treat that work as work undertaken under the sentence.

(2) The number of hours that the probation officer may refuse to treat as work undertaken under the sentence must not exceed 10% of the total number of hours under the sentence.

If a probation officer is satisfied that the offender has a good record of compliance with a sentence of community work, the probation officer may remit up to 10% from the number of hours of community work imposed by the court.

(1) While an epidemic management notice is in force, the chief executive of the Department of Corrections may authorise probation officers to remit the hours of community work imposed by the court on offenders, for periods (in any individual case)—

• (a) of not more than 8 hours in any week; and

• (b) of not more in total than the lesser of 48 hours and one-third of the sentence imposed.

(2) This section does not give any offender a right to a remission.

(1) An offender who is subject to a sentence of community work, or a probation officer, may apply in accordance with section 72 for an order under subsection (3) of this section on the grounds that—

• (a) there has been a change of circumstances since the sentence was imposed that would justify the variation or cancellation of the sentence; or

• (b) having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence, the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2) A probation officer may apply in accordance with section 72 for an order under subsection (3) of this section—

• (a) if an offender who is subject to a sentence of community work is convicted of an offence punishable by imprisonment; or

• (b) on the grounds that the offender has behaved in a manner described in any of paragraphs (a) to (j) of section 71(1).

(3) On an application under subsection (1) or subsection (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

• (a) vary the sentence by reducing the number of hours of work to be done; or

• (b) cancel the sentence; or

• (c) cancel the sentence and substitute any other sentence (including another sentence of community work) 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.

(4) When determining a substitute sentence under subsection (3)(c), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(5) If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.

(1) An offender who is subject to a sentence of community work, or a probation officer, may apply in accordance with section 72 for an extension of the period within which the work must be done on the grounds that—

• (a) because of incapacity or any humanitarian or other reasons, it will be impossible for the offender to do the work during a certain period; or

• (b) it would be unreasonable to require the offender to do the work during that period.

(2) On an application under subsection (1), the court may, if it is satisfied that the grounds in subsection (1) have been established, extend the period within which the work must be done by the amount that the court thinks fit.

(1) While an epidemic management notice is in force, the chief executive of the Department of Corrections may authorise probation officers to extend by not more than 12 months the total period during which the community work of offenders, or the community work of offenders of any kind or description, must be done.

(2) This section does not give any offender a right to an extension.

(1) A court may sentence an offender to community detention if—

• (a) the offender is convicted of an offence punishable by imprisonment; or

• (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or

• (c) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.

(2) The sentence term may be for a period, being no more than 6 months, that the court thinks fit.

(3) The court must specify the curfew period and the curfew address when sentencing the offender to a sentence of community detention.

(4) Every curfew period specified under subsection (3) must not be for a period of less than 2 hours, and the total of every curfew period for any week must not be more than 84 hours.

(5) An offender is not in custody during the curfew period.

(1) A court may impose a sentence of community detention if the court is satisfied—

• (a) that a sentence of community detention—

  • (i) would reduce the likelihood of further offending by restricting the offender's movements during specified periods, including, but not limited to, offending of a particular type or at a particular time; or

  • (ii) would achieve 1 or more of the purposes set out in section 7(1)(a), (b), (e), or (f); and

• (b) that an electronically monitored curfew is appropriate, taking into account the nature and the seriousness of the offence and the circumstances and the background of the offender.

(2) A court may sentence an offender to community detention if—

• (a) the court is satisfied that—

  • (i) the proposed curfew address is suitable; and

  • (ii) the relevant occupants (as defined in section 26A(4)) of the proposed curfew address—

    • (A) understand the conditions of the curfew that will apply to the offender; and

    • (B) consent to the offender remaining at the address in accordance with the curfew; and

    • (C) have been informed that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address; and

  • (iii) the offender has been made aware of and understands all the conditions that will apply during the sentence and he or she agrees to comply with them; and

• (b) the proposed curfew address is in an area in which a community detention scheme is operated by the chief executive of the Department of Corrections.

(1) If a court imposes a sentence of community detention on an offender who is already subject to a sentence of community detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

(2) If a court imposes cumulative sentences of community detention or imposes 1 or more sentences of community detention on an offender who is already serving a sentence of community detention, the total term of the sentences of community detention must not be more than 6 months.

(3) If a court imposes a sentence of community work and a sentence of community detention, or imposes one of them on an offender who is already subject to the other, the sentences must be served concurrently.

(1) An offender sentenced to community detention is subject to the following conditions during the sentence term:

• (a) during the curfew period—

  • (i) the offender must not, at any time, leave the curfew address except in the circumstances set out in subsection (2):

  • (ii) the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer:

• (b) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 24 hours, after the sentence is imposed, unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day:

• (c) the offender must report to a probation officer as and when required to do so by the probation officer, and must notify the probation officer of his or her residential address, any change to that address, and the nature and place of his or her employment when asked to do so:

• (d) the offender must keep in his or her possession the curfew order drawn up under section 74 and, if requested to do so by a constable or a probation officer, must produce the order for inspection:

• (e) the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with the conditions of his or her sentence, which may require the offender to be connected to electronic monitoring equipment throughout the sentence term and not just throughout the curfew period.

(2) An offender may leave the curfew address during the curfew period only—

• (a) to seek urgent medical or dental treatment; or

• (b) to avoid or minimise a serious risk of death or injury to the offender or any other person; or

• (c) with the approval of a probation officer—

  • (i) to seek or engage in employment; or

  • (ii) to attend training or other rehabilitative or reintegrative activities or programmes; or

  • (iii) to attend a restorative justice conference or other process relating to the offender's offending; or

  • (iv) to carry out any undertaking arising from any restorative justice process; or

• (d) with the approval of a probation officer and subject to any conditions imposed by the probation officer, on humanitarian grounds.

(3) A probation officer may only give an approval under subsection (2)(c) if the offender is serving a sentence of supervision or intensive supervision together with the sentence of community detention.

(4) A probation officer may approve an alternative curfew address under section 69K, pending determination of an application to vary the curfew address under section 69I.

(1) The purpose of an electronic monitoring condition imposed as a condition under section 69E(1)(e) is to deter the offender from breaching the condition that the offender remain at the curfew address during the curfew period and to monitor compliance with that condition.

(2) Information about an offender that is obtained through electronic monitoring, may be used only for the purposes referred to in subsection (1) and for the following purposes:

• (a) to verify compliance with the condition that the offender remain at the curfew address during the curfew period:

• (b) to detect non-compliance with that condition:

• (c) to provide evidence of non-compliance with that condition and the commission of offences during the curfew period:

• (d) to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

(3) Information may be collected during the whole of the sentence term but may be used only if it was collected for 1 or more of the purposes set out in this section and, except for information collected for the purpose in subsection (2)(d), was collected during the curfew period.

(4) Any information obtained by electronic monitoring outside the curfew period must be destroyed as soon as practicable.

An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who—

• (a) fails, without reasonable excuse, to comply with any condition of a sentence of community detention; or

• (b) fails, without reasonable excuse, to report when required to do so under section 78 or 80.

(1) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer, who has identified himself or herself, to enter into the curfew address if the offender is required to be at the address at the time that the probation officer seeks entry.

(2) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the curfew address for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the condition that the offender remain at the curfew address during the curfew period (whether or not the offender is required to be at the curfew address at the time).

(3) For the purposes of subsection (2), an authorised person is a person who—

• (a) is a probation officer and has identified himself or herself; or

• (b) accompanies a person described in paragraph (a); or

• (c) is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.

(1) An offender who is subject to a sentence of community detention, or a probation officer, may apply, in accordance with section 72, for an order under subsection (3) on the grounds that—

• (a) the offender is unable to comply, or has failed to comply, with any conditions of the sentence; or

• (b) the curfew address is no longer available or suitable because of a change in circumstances; or

• (c) having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—

  • (i) the rehabilitation and reintegration of the offender would be advanced by the suspension or variation of the curfew period; or

  • (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2) A probation officer may apply for an order under subsection (3) if an offender, who is subject to a sentence of community detention, is convicted of an offence punishable by imprisonment.

(3) On an application under subsection (1) or (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

• (a) suspend or vary the curfew period; or

• (b) vary the curfew address; or

• (c) cancel the sentence; or

• (d) cancel the sentence and substitute any other sentence (including another sentence of community detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

(4) When determining a substitute sentence to be imposed under subsection (3)(d), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(5) If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.

(6) If an application is made under this section for the suspension or variation of the curfew period, a probation officer may suspend the curfew period until the application has been heard and disposed of.

(1) While an epidemic management notice is in force,—

• (a) a probation officer who has applied in accordance with section 72 for an order under section 69I(3) varying the curfew period subject to which a sentence of community detention was imposed by the court on an offender may himself or herself vary the curfew period; and

• (b) any probation officer may himself or herself vary the curfew period subject to which a sentence of community detention was imposed by the court on an offender if the offender has applied in accordance with section 72 for an order under section 69I(3) to vary the curfew period; and

• (c) a probation officer may vary or suspend any conditions of a sentence of community detention.

(2) A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard or disposed of.

(3) Any variation or suspension of a condition under subsection (1)(c) has effect until the earlier of—

• (a) the revocation of the epidemic management notice; or

• (b) the date on which a probation officer rescinds the variation or suspension.

(1) This section applies if a probation officer or an offender who is subject to a sentence of community detention intends to apply, or has applied, for a variation of conditions under section 69I on the ground specified in section 69I(1)(b) (which relates to the offender's curfew address).

(2) A probation officer may approve an alternative curfew address at which the offender must remain during the curfew period pending the determination of an application.

(3) If a probation officer approves an alternative curfew address before an application under section 69I has been made, the probation officer must make an application to the court under that section within 5 working days.

(4) Subsection (3) does not apply if an offender makes an application under section 69I within the 5-day period specified in subsection (3).

(5) If, in the opinion of the probation officer, there is no suitable alternative curfew address available and the probation officer has not made an application under section 69I, the probation officer must make an application to the court under that section at the earliest opportunity.

If the last day of an offender's sentence of community detention falls on a non-release day, the offender ceases to be subject to the sentence on the nearest preceding day that is not a non-release day.

The fact that a person is serving a sentence of community detention does not, of itself, affect any entitlement the person may have under the Social Security Act 1964.

An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, who—

• (a) fails, without reasonable excuse, to comply with any condition of a sentence of supervision; or

• (b) fails, without reasonable excuse, to report when required to do so under section 78 or section 80.

An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who—

• (a) fails, without reasonable excuse, to comply with any condition of a sentence of intensive supervision; or

• (b) fails, without reasonable excuse, to report when required to do so under section 78 or 80.

(1) An offender who is sentenced to community work commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, who—

• (a) fails, without reasonable excuse, to report to a probation officer in accordance with section 59 or section 78 or section 80; or

• (b) fails, without reasonable excuse, to notify a probation officer of any new residential address in accordance with section 60; or

• (c) fails, without reasonable excuse, to—

  • (i) do any work satisfactorily in accordance with the sentence; or

  • (ii) comply with the terms of any agreement entered into for the purposes of section 64(1); or

• (d) fails, without reasonable excuse, to complete the required number of hours of work within the period prescribed under section 58 or within any extended period granted under section 69 or 69A; or

• (e) accepts remuneration, whether by way of gift or otherwise, for any work that the offender is required to do for the purposes of the sentence; or

• (f) fails, without reasonable excuse, to report or to remain at any place as required by or under this subpart; or

• (g) fails, without reasonable excuse, to obey any rules governing a community work centre; or

• (h) fails, without reasonable excuse, to obey any directions lawfully given regarding the manner in which his or her time must be spent while under the supervision of a probation officer under section 65; or

• (i) refuses to work, or fails to work in the manner reasonably required of the offender, or neglects or intentionally mismanages his or her work, while under the supervision of a probation officer under section 65; or

• (j) behaves in an offensive, threatening, insolent, insulting, disorderly, or indecent manner while under the supervision of a probation officer under section 65.

(2) A person commits an offence, and is liable on summary conviction to a fine not exceeding $500, who, without lawful justification or excuse, loiters about any community work centre or any place where persons sentenced to community work are placed, and refuses or neglects to depart after being warned by a constable or by a probation officer.

(1) Every application under section 54, 54K, 68, or 69I must be made—

• (a) to the High Court, if the sentence was passed—

  • (ia) by the Supreme Court on appeal against a sentence imposed by the High Court, or imposed by the Court of Appeal on appeal from the High Court; or

  • (i) by the Court of Appeal on appeal from the High Court; or

  • (ii) by the High Court otherwise than on appeal from a District Court; or

• (b) to a District Court presided over by a trial Judge, if the sentence was passed—

  • (ia) by the Supreme Court on appeal against a sentence imposed by a District Court presided over by a trial Judge, or imposed by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or

  • (i) by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or

  • (ii) by a District Court Judge on conviction on indictment; or

• (c) to a District Court presided over by any Judge, in any other case.

(2) A copy of the application must, either before or as soon as practicable after the application is lodged in the office of the court, be served—

• (a) on the offender, if the offender is not the applicant; or

• (b) on the chief executive of the Department of Corrections, if a probation officer is not the applicant.

(3) If an application under section 54, 54K, 68, or 69I has been lodged in a court by a probation officer, a probation officer or a constable may, for the purpose of having the offender brought before the court dealing with the application, apply to a court for the issue of a warrant to arrest the offender.

(4) No warrant issued under subsection (3) may be executed otherwise than by a constable.

(5) If an offender is arrested under a warrant issued under subsection (3), sections 45 to 47 of the Summary Proceedings Act 1957, so far as they are applicable and with any necessary modifications, apply as if the application were an information.

For the purposes of any appeal or application for leave to appeal,—

• (a) a sentence substituted for a community-based sentence imposed on the conviction of the offender on indictment is deemed to be a sentence imposed on the conviction of the offender on indictment; and

• (b) a sentence substituted for a community-based sentence imposed on the offender on the determination of an information in a District Court is deemed to be a sentence imposed on the determination of an information against the offender in a District Court.

(1) If a court imposes a community-based sentence on an offender, the particulars of the sentence must be drawn up in the form of an order.

(2) Wherever practicable, a copy of the order must be given to the offender before he or she leaves the court.

(3) The order must include information regarding—

• (a) the nature of the sentence; and

• (b) the initial reporting obligations; and

• (c) the date on which the sentence commences; and

• (d) the obligations to comply with the instructions of a probation officer and the terms of the sentence; and

• (e) the consequences of non-compliance with the terms of the sentence; and

• (f) the statutory provisions under which the sentence may be varied or cancelled.

(3A) If the community-based sentence is a sentence of community detention, then, in addition to the information required to be included in the order under subsection (3), the order must also include—

• (a) the sentence term; and

• (b) the curfew period; and

• (c) the conditions that apply, including those that apply for the duration of the sentence term and those that only apply during the curfew period.

(4) For the purposes of subsection (1), a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

(5) If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.

(6) A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible after it is drawn up.

(1) A community-based sentence commences on the day on which it is imposed.

(2) Subsection (1) applies—

• (a) subject to sections 75A and 75B and to section 137 of the Summary Proceedings Act 1957; and

• (b) regardless of whether or not the sentence is imposed in substitution for another sentence.

(2A) If the commencement date of a sentence of community work is deferred under section 57A, the sentence commences on the date specified in the order of the court.

(3) [Repealed]

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

(7) [Repealed]

(8) [Repealed]

(1) If a sentence of community work is imposed cumulatively on another sentence of community work imposed at the same time,—

• (a) at least 1 of the sentences must commence on the day that sentence is imposed; and

• (b) the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.

(2) If a sentence of community work is imposed cumulatively on another sentence of community work to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.

(3) To avoid doubt, if a sentence of community work is imposed cumulatively on another sentence of community work, hours of work done under either of the sentences on the date referred to in subsections (1)(b) or (2) are not counted towards the hours of work required to be done under the other sentence.

(4) If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—

• (a) the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and

• (b) any hours of work completed under the quashed sentence must be treated as having been done under the subsequent sentence.

(5) If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled,—

• (a) the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and

• (b) to avoid doubt, any hours of work completed under the cancelled sentence must not be treated as having been done under the subsequent sentence.

(6) A sentence of community work expires on the date that the offender completes the hours of work required under the sentence (taking into account any hours remitted under section 67), whether or not the period of time allowed under section 58 or any extended period granted under section 69 or 69A has expired.

(1) If a sentence of community detention is imposed cumulatively on another sentence of community detention imposed at the same time,—

• (a) at least 1 of the sentences must commence on the day that sentence is imposed; and

• (b) the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served.

(2) If a sentence of community detention is imposed cumulatively on another sentence of community detention to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served.

(3) To avoid doubt, if a sentence of community detention is imposed cumulatively on another sentence of community detention, any period during which the offender was subject to either of the sentences referred to in subsections (1)(b) or (2) is not counted towards the term of the other sentence.

(4) If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—

• (a) the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and

• (b) any period during which the offender was subject to the quashed sentence must be treated as having been served under the subsequent sentence.

(5) If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled,—

• (a) the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and

• (b) to avoid doubt, any period during which the offender was subject to the cancelled sentence must not be treated as having been served under the subsequent sentence.

(1) This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

• (a) is convicted and sentenced under this Act to a community-based sentence; and

• (b) is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from where the offender was surrendered on completion of the proceedings to which the extradition related.

(2) Unless the court otherwise directs, the sentence imposed does not commence until the offender has reported to a probation officer after being returned to New Zealand.

(3) Except as provided in subsection (3A), an offender to whom this section applies must report to a probation officer within 72 hours of the offender's arrival in New Zealand.

(3A) An offender who is sentenced to community detention must report within 24 hours, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day.

(4) This section applies despite any other provisions in this Act.

When an offender performs any service or does any work or attends any course or programme for the purposes of a community-based sentence, the following provisions apply:

• (a) if the offender suffers any personal injury for which he or she has cover under the Injury Prevention, Rehabilitation, and Compensation Act 2001 arising out of and in the course of performing the activities described above,—

  • (i) the personal injury is deemed, for the purposes of section 97 of that Act only, to be a work-related personal injury; and

  • (ii) the Crown is liable to pay compensation to which the offender is entitled under that section:

• (b) the cost of all other entitlements of the offender under that Act must be met from the Earners' Account in the case of an offender who is an earner and from the Non-Earners' Account in all other cases.

(1) Subsection (2) applies if an offender who is subject to a community-based sentence is subsequently sentenced to—

• (a) a term of imprisonment of not more than 12 months; or

• (b) 2 or more terms of imprisonment to be served concurrently, each term of which is not more than 12 months; or

• (c) 2 or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months.

(2) If this subsection applies, the court must either—

• (a) order that the community-based sentence be suspended; or

• (b) order that the community-based sentence be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment.

(3) If the court suspends the community-based sentence under subsection (2)(b), it may, if it thinks fit, remit, suspend, or vary any conditions of the sentence imposed by the court, or impose additional conditions.

(4) The court must not vary any existing condition or impose any new condition of a kind referred to in section 52(2)(b) or 54I(3)(b) (which involves 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 any variation or new condition in relation to the medication and any known risks; and

• (b) consents to taking the prescription medication.

(5) If a community-based sentence is suspended under subsection (2)(b),—

• (a) except as provided in paragraph (b), the offender must report to a probation officer as soon as practicable, and not later than 72 hours, after being released from detention; and

• (b) an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and

• (c) the sentence does not resume until the offender has reported to a probation officer as required by paragraphs (a) or (b).

(6) Subsection (7) applies if an offender who is subject to a community-based sentence is subsequently sentenced to—

• (a) a term of imprisonment of more than 12 months; or

• (b) 2 or more terms of imprisonment to be served concurrently, each term of which is more than 12 months; or

• (c) 2 or more terms of imprisonment that are cumulative, the total term of which is more than 12 months.

(7) If this subsection applies, the community-based sentence is suspended.

(1) No period during which a sentence of supervision is suspended under section 78(2) or (7) is counted towards the period under section 45(2).

(2) No period during which a sentence of community work is suspended under section 78(2) or (7) is counted towards the periods referred to in section 58(1) and (2).

(3) No period during which a sentence of intensive supervision is suspended under section 78(2) or (7) is counted towards the period under section 54B(2).

(4) No period during which a sentence of community detention is suspended under section 78(2) or (7) is counted towards the period under section 69B(2).

(1) This section applies to a community-based sentence that is suspended under section 78(2)(a) or section 78(7).

(2) The community-based sentence is suspended until the earlier of the following events:

• (a) it resumes under subsection (3); or

• (b) it is cancelled under subsection (5).

(3) If the sentence or sentences of imprisonment based on which the community-based sentence was suspended are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—

• (a) except as provided in paragraph (b), the offender must report to a probation officer as soon as practicable, and not later than 72 hours, after being released from detention; and

• (b) an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and

• (c) the sentence resumes when the offender has reported as required by paragraphs (a) or (b).

(4) 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.

(5) If the community-based sentence never resumes under subsection (3), it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.

(1) A court may sentence an offender to a sentence of home detention if—

• (a) the offender is convicted of an offence punishable by imprisonment; or

• (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction.

(2) A court may sentence an offender to home detention under subsection (1) if—

• (a) the court is satisfied that—

  • (i) the proposed home detention residence is suitable; and

  • (ii) the relevant occupants (as defined in section 26A(4)) of the proposed home detention residence—

    • (A) understand the conditions of home detention that will apply to the offender; and

    • (B) consent to the offender serving the sentence in the residence in accordance with those conditions; and

    • (C) have been informed that they may withdraw their consent to the offender serving the sentence in the residence at any time; and

  • (iii) the offender has been made aware of and understands the conditions that will apply during home detention, and he or she agrees to comply with them; and

• (b) the proposed home detention residence is in an area in which a home detention scheme is operated by the chief executive of the Department of Corrections.

(3) A sentence of home detention may be for such period as the court thinks fit, but must not be for less than 14 days or more than 12 months.

(4) The court must specify the home detention residence when sentencing the offender to a sentence of home detention.

(5) An offender sentenced to home detention is not in custody while serving the sentence.

(6) This section is subject to section 80B.

(1) If a court imposes a sentence of home detention on an offender who is already subject to a sentence of home detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

(2) If a court imposes cumulative sentences of home detention or imposes 1 or more sentences of home detention on an offender who is already serving a sentence of home detention, the total term of the sentences of home detention must not be more than 12 months.

(3) Before deciding to impose 2 or more sentences of home detention cumulatively or concurrently, the court must consider the guidance under sections 84 and 85 as if it applied to sentences of home detention.

(4) Subject to section 57A, if a court imposes a sentence of community work and a sentence of home detention, or imposes one of them on an offender who is already subject to the other, the sentences must be served concurrently.

(1) An offender who is serving a sentence of home detention is subject to detention conditions comprising—

• (a) the standard conditions set out in subsection (2); and

• (b) any special conditions that may be imposed by the court under section 80D.

(2) The standard conditions for a sentence of home detention are that—

• (a) the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer; and

• (b) the offender must not leave the home detention residence at any time except in the circumstances set out in subsections (3), (4), and (5); and

• (c) the offender must keep in his or her possession the order drawn up under section 80ZC and, if requested to do so by a constable or a probation officer, must produce the order for inspection; and

• (d) the offender must, when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions; and

• (e) the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage; and

• (f) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate; and

• (g) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

(3) An offender may leave the home detention residence only—

• (a) to seek urgent medical or dental treatment; or

• (b) to avoid or minimise a serious risk of death or injury to the offender or any other person; or

• (c) with the approval of a probation officer—

  • (i) to comply with any special condition; or

  • (ii) to seek or engage in employment; or

  • (iii) to attend training or other rehabilitative or reintegrative activities or programmes; or

  • (iv) to attend a restorative justice conference or other process relating to the offender's offending; or

  • (v) to carry out any undertaking arising from any restorative justice process; or

  • (vi) for any other purpose specifically approved by the probation officer.

(4) A probation officer may approve an alternative residence under section 80H pending determination of an application to vary the residence under section 80F.

(5) In addition to absences authorised under subsection (3), a probation officer may authorise an offender, who has served at least three quarters of a sentence of home detention of 6 months or more, to be absent from the home detention residence for up to 4 hours a day without a specified purpose for any or all days remaining to be served under the sentence.

(6) For the purposes of subsection (5), an offender who is subject to 2 or more sentences of home detention is eligible when he or she has served the longer of—

• (a) three quarters of the longest of any concurrent sentences of home detention imposed on the offender; or

• (b) three quarters of the notional single sentence of home detention that is created when sentences of home detention are ordered to be served concurrently or cumulatively.

(1) In addition to the standard conditions that apply under section 80C, the court may, subject to subsections (2), (3), and (7), impose 1 or more special conditions described in subsection (4).

(2) A court may impose any of the special conditions described in subsection (4) if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce the risk; and

• (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

(3) A court may only impose a condition of the kind described in subsection (4)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence.

(4) The special conditions referred to in subsection (1) or (2) are—

• (a) any conditions that the court thinks fit relating to the offender's finances or earnings:

• (b) conditions requiring the offender to take prescription medication:

• (c) conditions relating to a programme:

• (d) a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge:

• (e) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

(5) For the purposes of subsection (4), programme has the same meaning as in section 54H.

(6) No court may impose a condition under this section that—

• (a) the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or

• (b) the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work.

(7) 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.

(8) An offender does not breach his or her detention conditions for the purposes of section 80S if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of home detention under section 80F.

(1) The purpose of an electronic monitoring condition is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.

(2) Information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1) and for the following purposes:

• (a) to verify compliance with any detention conditions:

• (b) to detect non-compliance with any detention conditions and the commission of offences:

• (c) to provide evidence of non-compliance with detention conditions and the commission of offences:

• (d) to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

(1) An offender who is subject to a sentence of home detention, or a probation officer, may apply for an order under subsection (4) on the grounds that—

• (a) the offender is unable to comply, or has failed to comply, with any detention conditions:

• (b) any programme to which the offender is subject is no longer available or suitable for the offender:

• (c) the home detention residence is no longer available or suitable because of a change in circumstances:

• (d) having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—

  • (i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or

  • (ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2) A probation officer may apply for an order under subsection (4) if an offender, who is subject to a sentence of home detention, is convicted of an offence punishable by imprisonment.

(3) If an offender is subject to special detention conditions in relation to 2 or more sentences of home detention at the same time, a probation officer must apply for an order under subsection (4)(a) if he or she is satisfied that—

• (a) any of the special conditions are incompatible with each other; or

• (b) in light of all the conditions to which the offender is subject under the sentences, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.

(4) On an application under subsection (1), (2), or (3), the court may, if it is satisfied that the grounds on which the application is based have been established,—

• (a) remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions; or

• (b) vary the home detention residence; or

• (c) cancel the sentence; or

• (d) cancel the sentence and substitute any other sentence (including another sentence of home detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

(5) An application under subsection (1), (2), or (3) may be made at any time before or after the sentence commences.

(6) Section 72 applies, with any necessary modifications, to an application under this section.

(1) If the court cancels a sentence of home detention under section 80F(4)(d), the court may at the same time cancel any sentence of community work that the offender is serving concurrently with the sentence of home detention.

(2) When determining a substitute sentence under section 80F(4)(d), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(3) If the court varies a special condition or imposes a new special condition under section 80F(4)(a), section 80D applies.

(4) If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.

(5) If an application is made under section 80F for the remission, suspension, or variation of any special condition of a sentence of home detention, a probation officer may suspend the condition until the application has been heard and disposed of.

(1) This section applies if a probation officer or an offender who is subject to a sentence of home detention intends to apply, or has applied, for a variation of conditions under section 80F on the ground in section 80F(1)(c) (which relates to the offender's home detention residence).

(2) A probation officer may approve an alternative residence in which the sentence of home detention must be served pending the determination of an application.

(3) If a probation officer approves an alternative residence before an application under section 80F has been made, the probation officer must make an application to the court under that section within 5 working days.

(4) Subsection (3) does not apply if an offender makes an application under section 80F within the 5-day period specified in subsection (3).

(5) If, in the opinion of the probation officer, there is no suitable alternative residence available and the probation officer has not made an application under section 80F, the probation officer must make an application to the court under that section at the earliest opportunity.

(1) This section applies if—

• (a) a court has sentenced an offender to a short-term sentence of imprisonment; and

• (b) at the time of sentencing, the court would have sentenced the offender to a sentence of home detention if a suitable residence had been available.

(2) At the time of sentencing, the court must make an order granting the offender leave to apply to the court of first instance for cancellation of the sentence of imprisonment and substitution of a sentence of home detention if the offender finds a suitable residence at a later date.

(1) This section applies for the purposes of filing and determining any appeal against an order granting leave, or a refusal of the court to grant leave, under section 80I or 80K(7).

(2) For the purposes of Part 4 of the Summary Proceedings Act 1957 and Part 13 of the Crimes Act 1961, an order under section 80I or 80K(7) is a sentence.

(1) An offender who is subject to a short-term sentence of imprisonment and who has leave to apply for cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80I may apply to the court at any time.

(2) An application must be served as soon as practicable on the chief executive of the Department of Corrections.

(3) An application must be accompanied by a pre-sentence report updated in accordance with section 80L.

(4) On application under subsection (1), the court may, if satisfied of the matters in section 80A(2), cancel the sentence of imprisonment and substitute a sentence of home detention.

(5) A sentence of home detention substituted under subsection (4) may be for any period the court thinks fit, but must not be less than 14 days or more than 12 months.

(6) When substituting a sentence of home detention, the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(7) If the court does not substitute a sentence of home detention, the court—

• (a) must reconsider the issue of leave to apply for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; and

• (b) may make a further order granting the offender leave to apply to the court at any time for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.

(8) A sentence of imprisonment that is cancelled under this section is a custodial sentence for the purposes of any other enactment.

(1) An offender subject to a sentence of imprisonment who makes an application for substitution of a sentence of home detention under section 80K must agree to a probation officer updating the offender's pre-sentence report with any new information.

(2) If an offender agrees to a probation officer updating the offender's pre-sentence report under subsection (1), the probation officer must update the report in accordance with section 26A.

(1) This section applies if a court orders—

• (a) cancellation of a sentence of home detention and substitution of another sentence under section 80F; or

• (b) cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80K.

(2) For the purposes of any appeal or application for leave to appeal against the substituted sentence,—

• (a) a sentence substituted for a sentence imposed on the conviction of the offender on indictment is deemed to be a sentence imposed on the conviction of the offender on indictment; and

• (b) a sentence substituted for a sentence imposed on the offender on the determination of an information in a District Court is deemed to be a sentence imposed on the determination of an information against the offender in a District Court.

(1) A court that sentences an offender to a term of home detention of 6 months or less may impose the standard post-detention conditions and any special post-detention 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 home detention of more than 6 months,—

• (a) the standard post-detention conditions apply to the offender for a period of 12 months from the detention end date, unless the court specifies otherwise; and sections 80Q, 80R, and 80U 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 post-detention conditions on the offender and, if it does so, must specify when the conditions expire.

(3) The court may specify that post-detention conditions imposed under this section expire on a date that is a specified period of at least 6 months, but no more than 12 months, from the detention end date.

(4) If the court imposes special post-detention conditions on the offender, the special post-detention conditions may apply for as long as, but not longer than, the standard post-detention conditions that apply to the offender.

(5) If the court sentences the offender to more than 1 sentence of home detention 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 home detention imposed on that occasion.

The standard post-detention conditions of a sentence of home detention are the following:

• (a) the offender must report to a probation officer as and when required to do so by a probation officer and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:

• (b) the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer:

• (c) if consent is given under paragraph (b), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area:

• (d) if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:

• (e) the offender must not reside at any address at which a probation officer has directed the offender not to reside:

• (f) the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:

• (g) the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:

• (h) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

(1) A court may impose any of the special post-detention conditions described in subsection (2) if the court is satisfied that—

• (a) there is a significant risk of further offending by the offender; and

• (b) standard conditions alone would not adequately reduce that risk; and

• (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

(2) The special post-detention conditions are the following—

• (a) any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:

• (b) conditions requiring the offender to take prescription medication:

• (c) conditions relating to a programme:

• (d) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

(3) For the purposes of subsection (2), programme has the same meaning as in section 54H.

(4) No court may impose a special post-detention condition that the offender submit to electronic monitoring.

(5) No offender may be made subject to a special post-detention 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.

(1) This section applies if—

• (a) an offender is, at the same time, subject to post-detention conditions imposed under 2 or more orders made under section 80N; and

• (b) a probation officer is satisfied that—

  • (i) any special condition to which the offender is subject under any of the orders is incompatible with any other special condition to which the offender is subject under any other of the orders; or

  • (ii) in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.

(2) The probation officer must apply for a review of the conditions to which the offender is subject under the orders made under section 80N.