Section 100 — Sentencing Act 2002: Court may defer start date of sentence of imprisonment

100 Court may defer start date of sentence of imprisonment (1) The court may defer the start date of a sentence of imprisonment for a specified period of up to 2 months— (a) on humanitarian grounds; or (b) [Repealed] (2) [Repealed] (3) The sentence of imprisonment starts on the date specified in section 78 of the Parole Act 2002 . (3A) The Bail Act 2000 provides that an offender whose sentence is deferred under this section must be granted bail. (4) Despite subsection (1) , no court may defer the start date of a sentence of imprisonment if— (a) the sentence of imprisonment is imposed cumulatively on any other sentence of imprisonment; or (b) the sentence of imprisonment is imposed in substitution for a sentence of imprisonment that has been quashed or set aside ; or (c) an order under this section has already been made in respect of the sentence; or (d) the offender has already commenced serving the sentence or is detained under any other sentence or order. (5) For the purpose of this section, a term of imprisonment imposed on an offender (whether by committal, sentence, or order) in respect of the non-payment of a sum of money, contempt of court, or disobedience of a court order is deemed to be a determinate sentence of imprisonment. Compare: 1985 No 120 s 78(2) Section 100(1)(b): repealed, on 1 October 2007, by section 51 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(b) was substituted, as from 7 July 2004, by section 11(1) Sentencing Amendment Act 2004 (2004 No 68). Section 100(2): repealed, on 1 October 2007, by section 51 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (3A) was inserted, as from 7 July 2004, by section 11(2) Sentencing Amendment Act 2004 (2004 No 68). Subsection (4)(b) was amended, as from 7 July 2004, by section 11(3) Sentencing Amendment Act 2004 (2004 No 68) by inserting the word “ ; or ” . Subsections (4)(c) and (d) were inserted, as from 7 July 2004, by section 11(3) Sentencing Amendment Act 2004 (2004 No 68).