R.03 Substitution of sentence of imprisonment for sentence of home detention

Section 80K of the Sentencing Act 2002, permits a prisoner who is subject to a short-term sentence of imprisonment and who has been granted leave to apply for a sentence Home Detention to apply at any time for the cancellation of the sentence of imprisonment and substitute with a sentence of home detention.

Substitution of sentence of imprisonment for sentence of home detention criteria

  1. Prisoners are eligible for home detention only when the Court has granted leave for the prisoner to apply.
  2. The warrant is endorsed granting leave to apply for home detention.
  3. Confirmation from the Court must be obtained, that the prisoner was granted leave to apply for home detention.

R.03.01 Pre-application

  1. Where the Court has sentenced a prisoner to a term of imprisonment, and granted leave for that prisoner to apply for home detention the file must be stamped "granted leave to apply for cancellation of sentence" and the following forms are to placed on the prisoner's file:
    • R.03.03.Form.01 Application for cancellation of a sentence of imprisonment and substitution of home detention
    • R.03.03.Form.02 (POI 6) Offender agreement
    • R.03.03.Form.03 Home detention & residential restrictions - finding suitable housing, and
    • R.03.03.Form.04 Home detention & residential restrictions - information for families
  2. Where the prisoner does not have a lawyer, the case officer or unit PCO will discuss with the prisoner what is and is not a suitable residential address for consideration by the Judge, based on the requirements outlined in R.03.Form.03 Home detention & residential restrictions - finding suitable housing and R.03.Form.04 Home detention & residential restrictions - information for families.

R.03.02 Application for home detention

  1. Prisoners must complete R.03.Form.01 Application for cancellation of a sentence of imprisonment and substitution of home detention, and R.03.Form.02 (POI 6) Offender agreement.
  2. The unit PCO endorses the address for service in the application as "the Custodial Systems Manager (prison street address)".
  3. The unit PCO must send the original signed copies of the completed forms, by registered post, to the Registrar of the Court nearest to where the prisoner wishes to reside, so the prisoner does not have far to travel from Court to their home detention address if the application is successful.
  4. The unit PCO must provide copies of the R.03.Form.01 Application for cancellation of a sentence of imprisonment and substitution of home detention, and R.03.Form.02 (POI 6) Offender agreement to:
    1. the Service Manager of the local Community Probation office (by either by post of fax, on the same day as the forms are sent to the Court)
    2. the prisoner.
  5. Copies of the completed and signed forms are given to the prisoner and a copy placed on the prisoner's file.

R.03.03 Application before the Court

  1. Upon receipt from the Court of the Notice of Hearing of Application and Order to Produce the Prisoner to Court, the unit PCO / case officer will serve the Notice of Hearing on the prisoner, and advise the custodial systems manager, who will record the date and time the Notice of Hearing was served on the prisoner.
  2. The receiving officer will amend IOMS to record the date and place of the new Court hearing. Where a hearing is re-scheduled by the Court, a new Order to Produce must be received by the prison.
  3. Where the prisoner is required to be received into another prison prior to their appearance at the hearing, the procedures outlined in POM M.04 External movement (Transportation) of prisoners are to be followed.
  4. If applicable, the prisoner is to have a Steps-to-Freedom form and other relevant paperwork completed and given to the escort staff.
  5. If the prisoner is subject to the CSO Register a copy of the R.08.Form.01 Notice of Reporting Obligations (NORO) should be given to the escort staff. Once signed this needs to be scanned and emailed to the National CSO Registry (CSORegistry@police.govt.nz).