Section 83 — Sentencing Act 2002: Cumulative and concurrent sentences of imprisonment

83 Cumulative and concurrent sentences of imprisonment (1) A determinate sentence of imprisonment may be imposed cumulatively on any other determinate sentence of imprisonment that the court directs, whether then imposed or to which the offender is already subject, including any sentence in respect of which a direction of that kind is or has been given. (2) Despite subsection (1) , a court may not impose a sentence of imprisonment cumulatively on another sentence of imprisonment if, at the time of sentencing, the offender is subject to a sentence of imprisonment but, having commenced serving the sentence, is no longer detained under it. (3) For the purposes of subsection (2) , a person who is detained under an interim recall order under the Parole Act 2002 is not detained under the sentence to which the interim recall order applies. (4) An indeterminate sentence of imprisonment must not be imposed cumulatively on any other sentence. (5) Any sentence of imprisonment may be imposed concurrently with any other sentence of imprisonment. (6) 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 73 Subsection (2) was substituted, as from 7 July 2004, by section 6 Sentencing Amendment Act 2004 (2004 No 68).