Reprint as at 1 October 2007

Sentencing Amendment Act 2007

Public Act	2007 No 27
Date of assent	31 July 2007

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Justice and Department of Corrections.

1 Title

2 Commencement

3 Principal Act amended

4 Interpretation

5 New section 6A inserted

6A Application of sentencing guidelines

6 Principles of sentencing or otherwise dealing with offenders

7 New heading and section 10A inserted

Hierarchy of sentences and orders

10A Hierarchy of sentences and orders

8 Heading amended

9 Discharge or order to come up for sentence if called on

10 New sections 15A and 15B inserted

15A Sentence of home detention

15B Limitation on sentence of home detention for person under 17 years

11 New sections 19 and 20 substituted

19 Permitted combinations of sentences

20 Guidance on use of combinations of sentences

12 New heading and section 21A inserted

Sentencing guidelines

21A Court must adhere to sentencing guidelines

13 Pre-sentence reports

14 New section 26A inserted

26A Additional requirements when considering sentence of community detention or home detention

15 General requirement to give reasons

16 Power to impose fine instead of imprisonment or community-based sentence

17 Community-based sentences

44 Community-based sentences

18 Sentence of supervision

19 Standard conditions of supervision

20 Programmes

21 Other special conditions

22 Variation or cancellation of sentence of supervision

23 Application of section 54 during epidemic

24 New heading and sections 54B to 54L inserted

25 Sentence of community work

26 Guidance on use of sentence of community work

27 Concurrent and cumulative sentences of community work

28 New section 57A inserted

57A Court may defer commencement date of sentence of community work

29 Length of sentence of community work

58 Length of sentence of community work

30 Authorised work for person sentenced to community work

31 New sections 66A to 66D inserted

66A Court may authorise hours of work to be converted into training

66B Some hours of work may be converted to training

66C Consequences of failing without excuse to complete training

66D When hours of community work not counted

32 Extension during epidemic of period within which community work must be done

33 New heading and sections 69B to 69M inserted

34 New section 70A inserted

70A Offence to breach conditions of intensive supervision

35 Offences relating to breach of sentence of community work

36 Jurisdiction and procedure

37 Order must be drawn up and copy given to offender, etc

38 Commencement of community-based sentences

39 New sections 75A and 75B inserted

75A Commencement of cumulative sentences of community work

75B Commencement of cumulative sentences of community detention

40 Commencement of community-based sentence after temporary surrender under Extradition Act 1999

41 Effect of subsequent sentence of imprisonment

42 Period of suspension not counted towards sentence

43 Resumption of community-based sentence if sentence of imprisonment quashed

44 New subparts 2A and 2B inserted

Subpart 2A
Home detention

80A Sentence of home detention

80B Concurrent and cumulative sentences of home detention

80C Detention conditions applying to offender sentenced to home detention

80D Special conditions of sentence of home detention

80E Electronic monitoring

80F Application for variation or cancellation of sentence of home detention

80G Matters relating to orders under section 80F

80H Alternative residence pending determination of application under section 80F

80I Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

80J Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention

80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention

80L Updated pre-sentence report

80M Appeals in respect of substituted sentences

80N Imposition of post-detention conditions on offender

80O Standard post-detention conditions

80P Special post-detention conditions

80Q Review of post-detention conditions if conditions incompatible

80R Variation or discharge of post-detention conditions

80S Offence to breach detention conditions

80T Offence to refuse entry to home detention residence

80U Offence to breach post-detention conditions

80V Arrest without warrant for breach of detention or post-detention conditions

80W Court may defer start date of sentence of home detention

80X Commencement of sentence of home detention

80Y Commencement of sentence of home detention after temporary surrender under Extradition Act 1999

80Z When home detention ends

80ZA When detention conditions suspended

80ZB Time ceases to run in certain circumstances

80ZC Order must be drawn up

80ZD Offender must be given copy of new or amended order

80ZE Home detention does not affect entitlements under Social Security Act 1964

80ZF Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence

80ZG Effect of subsequent sentence of imprisonment

80ZH Application of section 80F during epidemic

80ZI Application of section 80R during epidemic

Subpart 2B
Judicial monitoring

80ZJ Progress reports

80ZK Consideration of progress reports

80ZL Procedure

80ZM Procedure if possible grounds for variation or cancellation of sentence exist

45 New section 81A inserted

81A Manner of expression of sentence of imprisonment

46 Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

47 Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained

48 Warrant of commitment for sentence of imprisonment

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

50 Heading and sections 97 to 99 repealed

51 Court may defer start date of sentence of imprisonment

52 Non-association order

53 Cumulative orders and sentences

54 Effect of subsequent sentences on non-association order

Transitional provisions

55 Transitional arrangements for intensive supervision

56 Transitional arrangements for community detention

57 Transitional arrangements for home detention

58 Amendments to other enactments

Schedule
Amendments to other enactments

Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Sentencing Amendment Act 2007 No 27, Public Act

Sentencing Amendment Act 2007

Note

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