1 Title

2 Commencement

3 Purposes

4 Interpretation

5 Application of this Act

6 Penal enactments not to have retrospective effect to disadvantage of offender

7 Purposes of sentencing or otherwise dealing with offenders

8 Principles of sentencing or otherwise dealing with offenders

9 Aggravating and mitigating factors

9A Cases involving violence against, or neglect of, child under 14 years

10 Court must take into account offer, agreement, response, or measure to make amends

10A Hierarchy of sentences and orders

11 Discharge or order to come up for sentence if called on

12 Reparation

13 Sentence of fine

14 Reparation, fines, and financial capacity of offender

15 Community-based sentence

15A Sentence of home detention

15B Limitation on sentence of home detention for person under 17 years

16 Sentence of imprisonment

17 Imprisonment may be imposed if offender unlikely to comply with other sentences

18 Limitation on imprisonment of person under 17 years

19 Permitted combinations of sentences

20 Guidance on use of combinations of sentences

21 Effect of provisions concerning multiple sentences on powers of court

22 No sentence may be cumulative on non-association order

23 No sentence may be cumulative on indeterminate sentence of imprisonment

24 Proof of facts

25 Power of adjournment for inquiries as to suitable punishment

26 Pre-sentence reports

26A Additional requirements when considering sentence of community detention or home detention

27 Offender may request court to hear person on personal, family, whanau, community, and cultural background of offender

28 Disclosure of reports

29 Access to reports

30 No sentence of imprisonment to be imposed without opportunity for legal representation

31 General requirement to give reasons

32 Sentence of reparation

33 Court may order reparation report

34 Reparation reports

35 Taking into account financial capacity of offender

36 Conditions of sentence of reparation

37 Copy of conditions of reparation to be given to person who suffered harm, loss, or damage

38 Payment of sums to person who suffered harm, loss, or damage

39 Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence

40 Determining amount of fine

41 Financial capacity of offender

42 Declaration as to financial capacity

43 Offence of providing false or misleading information

44 Community-based sentences

45 Sentence of supervision

46 Guidance on use of sentence of supervision

47 Sentences of supervision in respect of 2 or more offences must be served concurrently

48 Conditions of sentence of supervision

49 Standard conditions of supervision

50 Special conditions related to programme

51 Programmes

52 Other special conditions

53 Offender to be under supervision of probation officer

54 Variation or cancellation of sentence of supervision

54A Application of section 54 during epidemic

54B Sentence of intensive supervision

54C Guidance on use of sentence of intensive supervision

54D Sentences of intensive supervision in respect of 2 or more offences must be served concurrently

54E Conditions of sentence of intensive supervision

54F Standard conditions of intensive supervision

54G Special conditions related to programmes

54H Programmes

54I Other special conditions

54J Offender to be under supervision of probation officer

54K Variation or cancellation of sentence of intensive supervision

54L Application of section 54K during epidemic

55 Sentence of community work

56 Guidance on use of sentence of community work

57 Concurrent and cumulative sentences of community work

57A Court may defer commencement date of sentence of community work

58 Length of sentence of community work

59 Offender must report to probation officer

60 Offender must notify probation officer if offender changes residential address

61 Probation officer must determine placement of offender for community work

62 Guidance to probation officer in determining placement of offender for community work

63 Authorised work for person sentenced to community work

64 When community work must be done

65 Supervision of offender while doing community work

66 Offender excused from reporting in certain circumstances

66A Court may authorise hours of work to be converted into training

66B Some hours of work may be converted to training

66C Consequences of failing without excuse to complete training

66D When hours of community work not counted

67 Remission of sentence of community work

67A Remission of community work hours during epidemic

68 Variation or cancellation of sentence of community work

69 Extension of period within which community work must be done

69A Extension during epidemic of period within which community work must be done

69B Sentence of community detention

69C Guidance on use of sentence of community detention

69D Concurrent and cumulative sentences of community detention

69E Conditions of community detention during sentence term

69F Electronic monitoring

69G Offence to breach conditions of community detention

69H Offence to refuse entry to community detention curfew address

69I Variation or cancellation of sentence of community detention

69J Application of section 69I during epidemic

69K Alternative curfew address pending determination of application under section 69I

69L When sentence ends on non-release day

69M Community detention does not affect entitlements under Social Security Act 1964

70 Offences related to breach of conditions of supervision

70A Offence to breach conditions of intensive supervision

71 Offences relating to breach of sentence of community work

72 Jurisdiction and procedure

73 Appeal in respect of substituted sentence

74 Order must be drawn up and copy given to offender, etc

75 Commencement of community-based sentences

75A Commencement of cumulative sentences of community work

75B Commencement of cumulative sentences of community detention

76 Commencement of community-based sentence after temporary surrender under Extradition Act 1999

77 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving community-based sentence

78 Effect of subsequent sentence of imprisonment

79 Period of suspension not counted towards sentence

80 Resumption of community-based sentence if sentence of imprisonment quashed

80A Sentence of home detention

80B Concurrent and cumulative sentences of home detention

80C Detention conditions applying to offender sentenced to home detention

80D Special conditions of sentence of home detention

80E Electronic monitoring

80F Application for variation or cancellation of sentence of home detention

80G Matters relating to orders under section 80F

80H Alternative residence pending determination of application under section 80F

80I Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

80J Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention

80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention

80L Updated pre-sentence report

80M Appeals in respect of substituted sentences

80N Imposition of post-detention conditions on offender

80O Standard post-detention conditions

80P Special post-detention conditions

80Q Review of post-detention conditions if conditions incompatible

80R Variation or discharge of post-detention conditions

80S Offence to breach detention conditions

80T Offence to refuse entry to home detention residence

80U Offence to breach post-detention conditions

80V Arrest without warrant for breach of detention or post-detention conditions

80W Court may defer start date of sentence of home detention

80X Commencement of sentence of home detention

80Y Commencement of sentence of home detention after temporary surrender under Extradition Act 1999

80Z When home detention ends

80ZA When detention conditions suspended

80ZB Time ceases to run in certain circumstances

80ZC Order must be drawn up

80ZD Offender must be given copy of new or amended order

80ZE Home detention does not affect entitlements under Social Security Act 1964

80ZF Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence

80ZG Effect of subsequent sentence of imprisonment

80ZH Application of section 80F during epidemic

80ZI Application of section 80R during epidemic

80ZJ Progress reports

80ZK Consideration of progress reports

80ZL Procedure

80ZM Procedure if possible grounds for variation or cancellation of sentence exist

81 Length of sentence of imprisonment

82 Pre-sentence detention must not be taken into account in determining length of sentence

83 Cumulative and concurrent sentences of imprisonment

84 Guidance on use of cumulative and concurrent sentences of imprisonment

85 Court to consider totality of offending

86 Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

87 Sentence of preventive detention

88 Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained

89 Imposition of minimum period of imprisonment

90 Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

91 Warrant of commitment for sentence of imprisonment

92 References to period of imprisonment for purposes of section 93

93 Imposition of conditions on release of offender sentenced to imprisonment for short term

94 Variation of release conditions

95 Review of conditions if conditions incompatible

96 Offence to breach conditions

97 Court must consider granting offender leave to apply for home detention in certain cases [Repealed]

98 Appeal against order granting or declining leave to apply for home detention [Repealed]

99 Effect of subsequent conviction on home detention [Repealed]

100 Court may defer start date of sentence of imprisonment

101 Start date of sentence of imprisonment

102 Presumption in favour of life imprisonment for murder

103 Imposition of minimum period of imprisonment if life imprisonment imposed for murder

104 Imposition of minimum period of imprisonment of 17 years or more

105 Appeal against imposition of minimum period of imprisonment

106 Discharge without conviction

107 Guidance for discharge without conviction

108 Conviction and discharge

109 Guidance on conviction and discharge

110 Order to come up for sentence if called on

111 Calling offender to come up for sentence

112 Non-association order

113 Effect of non-association order

114 Cumulative orders and sentences

115 Order must be drawn up and copy given to offender, etc

116 Right of appeal against non-association order

117 Commencement of period of non-association

118 Breach of non-association order constitutes offence

119 Effect of subsequent sentences on non-association order

120 Resumption of non-association order if sentence of imprisonment quashed

121 Application for review of non-association order

122 Determination of application for variation or cancellation of order

123 Jurisdiction and procedure

124 Power of court to disqualify offenders from driving motor vehicles

125 Period of disqualification from driving

126 Provisions of Land Transport Act 1998 apply if offender disqualified under section 124

127 Interpretation of terms used in sections 128 to 142

128 Confiscation of motor vehicle

129 Confiscation of motor vehicle after second offence

130 Court may order declaration of ownership to be completed

131 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

132 Enforcement of confiscation order

133 Offence to remove confiscated vehicle

134 Defect in warrant does not make action unlawful

135 Registrar may direct order to be enforced in another District Court

136 Offender must not acquire new interest in motor vehicle for 12 months

137 Sale of confiscated motor vehicles

138 Disposal of unsaleable confiscated vehicle

139 Procedure if notice given that vehicle subject to encumbrance

140 Party with interest may apply to Registrar

141 Party with interest may apply to court

142 Order may be cancelled on application by bona fide purchaser

143 Sentence not invalidated by mistake in age of offender

144 Royal prerogative not affected

145 Enforcement of payment of amounts under sentence of reparation, reparation orders, etc

145A Manner in which amounts of reparation must be applied in cases involving same offence

145B Manner in which amounts of reparation must be applied in cases involving different offences

145C No Crown liability for error, etc, in applying payments of amounts of reparation

145D Definitions for sections 145A to 145C

146 Consent to treatment, etc, not affected

146A A certificate of conviction for succession purposes

147 Regulations

148 Reparation or fine for offence committed before commencement date

149 Community-based sentence for offence committed before commencement date

150 Community-based sentences imposed under Criminal Justice Act 1985

151 Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date

152 Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender

153 Offender convicted of specified offence committed before commencement date

154 Offender convicted of murder committed before commencement date

155 Suspended sentences of imprisonment

156 Corrective training

157 Offenders liable to come up for sentence if called on

158 Non-association orders and confiscation of vehicles for offence committed before commencement date

159 Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985

160 Person under 17 years of age imprisoned

161 Custody of child or young person pending hearing

162 Restrictions on power of court to order child or young person to be detained in custody

163 New section 239A inserted

164 Repeal of home invasion provisions in Crimes Act 1961

165 New section 172 substituted

166 Certain provisions in Criminal Justice Act 1985 repealed

167 Appeal against acquittal on account of insanity [Repealed]

168 Order to be made if person under disability or insane [Repealed]

169 Power of court to commit to institution on conviction [Repealed]

170 Power of court to require psychiatric report [Repealed]

171 Access to psychiatric reports [Repealed]

172 Probation officers

173 New section 124A inserted

174 Duties of probation officers

175 New sections 126 and 127 substituted

176 New section 129 substituted

177 Special provisions as to young persons remanded or committed for trial or sentence

178 New sections 142AA and 142AB inserted into Criminal Justice Act 1985

179 Detention of children or young persons serving sentence of imprisonment

180 Appointment and qualifications [Repealed]

181 Judges of the High Court [Repealed]

182 Parole

183 Extension of time to pay

184 Bailiff may arrange extension of time to pay

185 Operation of attachment order

186 Acts amended

187 Enactments repealed