Sentencing Act 2002

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 for a particular offence, it may, at the same time as it sentences the offender, order that the offender serve a minimum period of imprisonment in relation to that particular sentence.

(2)

The court may impose a minimum period of imprisonment that is longer than the period otherwise applicable under section 84(1) of the Parole Act 2002 if it is satisfied that that period is insufficient for all or any of the following purposes:

(a)

holding the offender accountable for the harm done to the victim and the community by the offending:

(b)

denouncing the conduct in which the offender was involved:

(c)

deterring the offender or other persons from committing the same or a similar offence:

(d)

protecting the community from the offender.

(3)

[Repealed]

(4)

A minimum period of imprisonment imposed under this section must not exceed the lesser of—

(a)

two-thirds of the full term of the sentence; or

(b)

10 years.

(5)

For the purposes of Part 6 of the Criminal Procedure Act 2011, an order under this section is a sentence.

Section 86(2): replaced, on 7 July 2004, by section 7 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 86(3): repealed, on 7 July 2004, by section 7 of the Sentencing Amendment Act 2004 (2004 No 68).

Section 86(5): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).