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Introduction

The court and the NZPB must always impose standard conditions when imposing any sentence or order on an offender. Without standard conditions, CPPS is unable to legally monitor offenders in the community.

Legislation

All sentences and orders have standard conditions attached. These are the conditions which an offender is legally obligated to comply with during the sentence/order. The standard conditions:

  • vary depending on the level of restrictions or monitoring required for each sentence/order
  • are usually imposed for the length of the sentence/order and cannot be varied.

The exceptions to this are:

  • when a special condition is not compatible, or
  • in the case of compassionate release.

All standard conditions are outlined in the Sentencing Act 2002 and the Parole Act 2002.

Probation officers must be familiar with the standard conditions of each sentence/order.

Legislative references (standard conditions):

  • section 49 Sentencing Act 2002 (Supervision)
  • section 54F Sentencing Act 2002 (Intensive Supervision)
  • section 93(1) Sentencing Act 2002 (Release on conditions)
  • section 14 Parole Act 2002 (Parole)
  • section 107JA Parole Act 2002 (Extended Supervision)

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