Sentencing Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 80O — Standard post-detention conditions
80O Standard post-detention conditions The standard post-detention conditions of a sentence of home detention are the following: (a) the offender must report to a probation officer as and when…
Section 80P — Special post-detention conditions
80P Special post-detention conditions (1) A court may impose any of the special post-detention conditions described in subsection (2) if the court is satisfied that— (a) there is a significant risk…
Section 80Q — Review of post-detention conditions if conditions incompatible
80Q Review of post-detention conditions if conditions incompatible (1) This section applies if— (a) an offender is, at the same time, subject to post-detention conditions imposed under 2 or more…
Section 80R — Variation or discharge of post-detention conditions
80R Variation or discharge of post-detention conditions (1) An offender who is subject to post-detention conditions imposed under section 80N , or a probation officer, may apply for an order under…
Section 80S — Offence to breach detention conditions
80S Offence to breach detention conditions An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who—…
Section 80T — Offence to refuse entry to home detention residence
80T Offence to refuse entry to home detention residence (1) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not…
Section 80U — Offence to breach post-detention conditions
80U Offence to breach post-detention conditions (1) An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding…
Section 80V — Arrest without warrant for breach of detention or post-detention conditions
80V Arrest without warrant for breach of detention or post-detention conditions Any member of the police or any probation officer may arrest, without warrant, an offender who the member or officer…
Section 80W — Court may defer start date of sentence of home detention
80W Court may defer start date of sentence of home detention (1) The court may defer the start date of a sentence of home detention for a specified period of up to 2 months— (a) on humanitarian…
Section 80X — Commencement of sentence of home detention
80X Commencement of sentence of home detention (1) A sentence of home detention commences on the day it is imposed unless the start date of the sentence is deferred under section 80W . (2) Subsection…
Section 80Y — Commencement of sentence of home detention after temporary surrender under Extradition Act 1999
80Y Commencement of sentence of home detention after temporary surrender under Extradition Act 1999 (1) This section applies if an offender is temporarily surrendered to New Zealand under the…
Section 80Z — When home detention ends
80Z When home detention ends (1) An offender ceases to be subject to a sentence of home detention when— (a) the offender reaches his or her detention end date; or (b) a court cancels the sentence of…
Section 81 — Length of sentence of imprisonment
81 Length of sentence of imprisonment If under any enactment an offender is liable to imprisonment for life or for any specified term, the court may, in accordance with this Act, impose imprisonment…
Section 81A — Manner of expression of sentence of imprisonment
81A Manner of expression of sentence of imprisonment
Section 82 — Pre-sentence detention must not be taken into account in determining length of sentence
82 Pre-sentence detention must not be taken into account in determining length of sentence In determining the length of any sentence of imprisonment to be imposed, the court must not take into…
Section 83 — 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,…
Section 84 — Guidance on use of cumulative and concurrent sentences of imprisonment
84 Guidance on use of cumulative and concurrent sentences of imprisonment (1) Cumulative sentences of imprisonment are generally appropriate if the offences for which an offender is being sentenced…
Section 85 — Court to consider totality of offending
85 Court to consider totality of offending (1) Subject to this section, if a court is considering imposing sentences of imprisonment for 2 or more offences, the individual sentences must reflect the…
Section 86 — Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
86 Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment (1) If a court sentences an offender to a determinate sentence of imprisonment of more than 2 years…
Section 87 — Sentence of preventive detention
87 Sentence of preventive detention (1) The purpose of preventive detention is to protect the community from those who pose a significant and ongoing risk to the safety of its members. (2) This…
Section 88 — Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained
88 Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained (1) A sentence of preventive detention must not be imposed unless— (a) the offender…
Section 89 — Imposition of minimum period of imprisonment
89 Imposition of minimum period of imprisonment (1) If a court sentences an offender to preventive detention, it must also order that the offender serve a minimum period of imprisonment, which in no…
Section 90 — Procedure if offender convicted in District Court and Court believes offender could be sentenced to preventive detention
90 Procedure if offender convicted in District Court and Court believes offender could be sentenced to preventive detention (1) This section applies if a person is convicted by a District Court of a…
Section 91 — Warrant of commitment for sentence of imprisonment
91 Warrant of commitment for sentence of imprisonment (1) If a court imposes a sentence of imprisonment, a warrant must be issued stating briefly the particulars of the offence and directing the…
Section 92 — References to period of imprisonment for purposes of section 93
92 References to period of imprisonment for purposes of section 93 (1) For the purposes of section 93 , a court sentences an offender to imprisonment for a particular period if,— (a) in a case where…
Section 93 — Imposition of conditions on release of offender sentenced to imprisonment for short term
93 Imposition of conditions on release of offender sentenced to imprisonment for short term (1) A court that sentences an offender to a term of imprisonment of 12 months or less may impose the…
Section 94 — Variation of release conditions
94 Variation of release conditions (1) An offender who is subject to conditions imposed under section 93 , or a probation officer, may apply for an order under subsection (3) of this section. (2)…
Section 95 — Review of conditions if conditions incompatible
95 Review of conditions if conditions incompatible (1) This section applies if— (a) an offender is, at the same time, subject to conditions imposed under 2 or more orders made under section 93 ; and…
Section 96 — Offence to breach conditions
96 Offence to breach conditions (1) Every offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who…
Section 97 — Court must consider granting offender leave to apply for home detention in certain cases
97 Court must consider granting offender leave to apply for home detention in certain cases [Repealed] Section 97: repealed, on 1 October 2007, by section 50 of the Sentencing Amendment Act 2007…
Section 98 — Appeal against order granting or declining leave to apply for home detention
98 Appeal against order granting or declining leave to apply for home detention [Repealed] Section 98: repealed, on 1 October 2007, by section 50 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 99 — Effect of subsequent conviction on home detention
99 Effect of subsequent conviction on home detention [Repealed] Section 99: repealed, on 1 October 2007, by section 50 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 100 — 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;…
Section 101 — Start date of sentence of imprisonment
101 Start date of sentence of imprisonment (1) Except as provided in section 100 , the start date of a sentence of imprisonment is that set out in section 76 of the Parole Act 2002 . (2) For the…
Section 102 — Presumption in favour of life imprisonment for murder
102 Presumption in favour of life imprisonment for murder (1) An offender who is convicted of murder must be sentenced to imprisonment for life unless, given the circumstances of the offence and the…
Section 103 — Imposition of minimum period of imprisonment if life imprisonment imposed for murder
103 Imposition of minimum period of imprisonment if life imprisonment imposed for murder (1) If a court sentences an offender convicted of murder to imprisonment for life it must order that the…
Section 104 — Imposition of minimum period of imprisonment of 17 years or more
104 Imposition of minimum period of imprisonment of 17 years or more The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years in the following…
Section 105 — Appeal against imposition of minimum period of imprisonment
105 Appeal against imposition of minimum period of imprisonment For the purposes of Part 13 of the Crimes Act 1961 , an order under section 103 is a sentence.
Section 106 — Discharge without conviction
106 Discharge without conviction (1) If a person who is charged with an offence is found guilty or pleads guilty, the court may discharge the offender without conviction, unless by any enactment…
Section 107 — Guidance for discharge without conviction
107 Guidance for discharge without conviction The court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would…
Section 108 — Conviction and discharge
108 Conviction and discharge (1) If a person is convicted of an offence, a court before which the offender appears for sentence may, instead of imposing sentence, direct that the offender be…
Section 109 — Guidance on conviction and discharge
109 Guidance on conviction and discharge The court must not convict and discharge an offender unless it is satisfied that a conviction is sufficient penalty in itself.
Section 110 — Order to come up for sentence if called on
110 Order to come up for sentence if called on (1) If a person is convicted of an offence, a court before which the offender appears for sentence may, instead of imposing sentence, order the offender…
Section 111 — Calling offender to come up for sentence
111 Calling offender to come up for sentence (1) This section applies if an offender in respect of whom an order is made under section 110 — (a) is convicted of a subsequent offence punishable by…
Section 112 — Non-association order
112 Non-association order (1) If an offender is convicted of an offence punishable by imprisonment, the court may make a non-association order in respect of the offender. (2) Before making a…
Section 113 — Effect of non-association order
113 Effect of non-association order (1) A non-association order prohibits the offender from associating with— (a) any person or persons specified in the order; or (b) any person or persons of any…
Section 114 — Cumulative orders and sentences
114 Cumulative orders and sentences (1) A non-association order must not be cumulative on another non-association order or on a sentence of any kind imposed at the same time as the non-association…
Section 115 — Order must be drawn up and copy given to offender, etc
115 Order must be drawn up and copy given to offender, etc (1) If a court makes a non-association order, the particulars of non-association must be drawn up in the form of an order. (2) For the…
Section 116 — Right of appeal against non-association order
116 Right of appeal against non-association order For the purposes of Part 4 of the Summary Proceedings Act 1957 and Part 13 of the Crimes Act 1961 , a non-association order is a sentence. Compare:…
Section 117 — Commencement of period of non-association
117 Commencement of period of non-association (1) Except as provided in subsection (2) , the period of non-association specified by a non-association order commences on the day on which the order is…