Section 27 — Crimes Act 1961: Execution of erroneous sentence or process
Text of the provision Official document
27 Execution of erroneous sentence or process If a sentence is passed or a process is issued by a Court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a Court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, prison manager, or other person authorised to execute it, and by every person lawfully assisting him, notwithstanding that— (a) The Court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or (b) The Court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his jurisdiction in issuing it, in the particular case. Compare: 1908 No 32 s 47 Section 27 was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison manager ” for the word “ Superintendent ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Official source: legislation.govt.nz
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