Sentencing Act 2002

If you need more information about this Act, please contact the administering agency: Department of Corrections and Ministry of Justice
15 Community-based sentence

(1)

If a court is lawfully entitled under this or any other enactment to impose a community-based sentence or a fine, or both, it may impose a community-based sentence only if—

(a)

the court, in accordance with section 13, does not regard a fine as the appropriate sentence; or

(b)

the court is not going to impose a fine because of either of the circumstances referred to in section 14.

(2)

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

(a)

provides a presumption in favour of or against imposing a particular sentence in relation to a particular offence; or

(b)

requires a court to impose a particular sentence in relation to a particular offence.