Hon Anne Tolley
Government Bill
339—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Amendments to Bail Act 2000
3 Principal Act amended
4 Exercise of discretion when considering bail pending appeal
Part 1AAmendments to Bail Amendment Act 2011
7A Principal Act amended
7B New section 53 of Bail Act 2000 amended
7C New section 54 of Bail Act 2000 amended
7D New section 55 of Bail Act 2000 amended
7E New section 58 of Bail Act 2000 substituted
58 Time on bail pending appeal not to be taken as time served
7F New section 59 of Bail Act 2000 amended
7G New section 59A of Bail Act 2000 inserted
59A Surrender of appellant released on bail from sentence of home detention
Part 1AAmendments to Bail Act 2000 (as amended by Bail Amendment Act 2011)
7B Granting of bail to appellant in custody pending appeal to District Court presided over by District Court Judge
7C Granting of bail to appellant in custody pending appeal to High Court
7D Granting of bail to appellant in custody pending appeal to Court of Appeal or Supreme Court
7E New section 58 substituted
7F Surrender of appellant released on bail
7G New section 60 inserted
60 Surrender of appellant released on bail from sentence of home detention
Part 2Amendments to Sentencing Act 2002
8 Principal Act amended
9 New section 20A inserted
20A Subsequent community-based sentence or sentence of home detention
10 Effect of provisions concerning multiple sentences on powers of court
11 Pre-sentence reports
12 Additional requirements when considering sentence of community detention or home detention
13 Standard conditions of supervision
14 New section 54AA inserted
54AA When time ceases to run on sentence of supervision
15 Standard conditions of intensive supervision
16 New section 54KA inserted
54KA When time ceases to run on sentence of intensive supervision
17 Concurrent and cumulative sentences of community work
18 Offender must report to probation officer
18A New section 66A substituted
66A Probation officer may direct hours of work to be converted to training
18B Consequences of failing without excuse to complete training
19 Guidance on use of sentence of community detention
20 Conditions of community detention during sentence term
21 Variation or cancellation of sentence of community detention
22 New section 69IA inserted
69IA When time ceases to run on sentence of community detention
22A New section 69JA inserted
69JA Chief executive of Department of Corrections may vary offender's curfew address
22B Section 69K repealed
23 Jurisdiction and procedure
24 Commencement of community-based sentences
25 Sentence of home detention
26 Detention conditions applying to offender sentenced to home detention
27 Application for variation or cancellation of sentence of home detention
27A New section 80FA inserted
80FA Chief executive of Department of Corrections may vary offender's home detention address
27B Section 80H repealed
27C New section 80MA inserted
80MA Registrar must notify controlling officer and offender of resumption of sentence
28 Imposition of post-detention conditions on offender
29 Offence to breach detention conditions
30 Commencement of sentence of home detention
31 Time ceases to run in certain circumstances
80ZB Time ceases to run in certain circumstances
32 New sections 80ZG to 80ZGD substituted
80ZG Effect of subsequent sentence of imprisonment of not more than 12 months
80ZGA Effect of subsequent sentence of imprisonment of more than 12 months
80ZGB Period of suspension not counted towards sentence
80ZGC Resumption of sentence of home detention
80ZGD Effect of appeal on resumption of sentence of home detention
33 Sections 80ZG to 80ZGC apply to home detention sentence imposed on or after commencement date
34 Imposition of conditions on release of offender sentenced to imprisonment for short term
Part 3Amendments to Parole Act 2002
35 Principal Act amended
36 Special conditions
37 Conditions applying to release at statutory release date
38 Release conditions applying to parole
39 Board may monitor compliance with conditions
40 Prior report on suitability of residential restrictions
40A New section 36 inserted
36 Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
41 Application for variation or discharge of conditions
42 Making recall application
43 Time ceases to run in certain circumstances
44 Commencement and expiry of extended supervision order
45 Suspension of conditions of extended supervision order
Part 4Consequential amendments to other enactments
46A Amendment to Criminal Procedure Act 2011
403A Transitional provision regarding effect of appeal on sentence of home detention
47 Amendment to Sentencing Amendment Act 2007
48 Amendment to Summary Proceedings Act 1957
Legislative history
The Parliament of New Zealand enacts as follows: