Court on imposing sentence of imprisonment may impose conditions on release

Obligations of Registrar where court makes order for confiscation of motor vehicle

Remand of defendant under 17 for psychiatric examination

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Criminal Justice Amendment Act (No. 2) 1989

Public Act		1989 No 91
Date of assent		16 October 1989

	Title
1	Short Title and commencement
2	Court on imposing sentence of imprisonment may impose conditions on release
3	Remission of sentence
4	Obligations of Registrar where court makes order for confiscation of motor vehicle
5	Eligibility for parole
6	Remand of defendant under 17 for psychiatric examination
	Administrative information

An Act to amend the Criminal Justice Act 1985

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Criminal Justice Amendment Act (No. 2) 1989, and shall be read together with and deemed part of the Criminal Justice Act 1985 (hereinafter referred to as the principal Act).

(2)

Except as provided in subsection (3) of this section, this Act shall come into force on the date on which this Act receives the Royal assent.

(3)

Section 4 of this Act shall come into force on the 1st day of April 1990.

2 Court on imposing sentence of imprisonment may impose conditions on release

Section 77a of the principal Act is hereby amended by adding, as subsection (2), the following subsection:

“(2)

On imposing a sentence of imprisonment for a term of less than 1 year, a court may impose such special conditions (if any) as it thinks fit to which the offender shall be subject if the offender is released on the date on which, in accordance with Part VI of this Act, the offender becomes eligible for remission of sentence (or on any earlier day determined in relation to that date in accordance with section 82 of this Act); and every such condition shall be deemed for the purposes of that Part of this Act to have been imposed under section 107 of this Act.”

3 Remission of sentence

(1)

Section 80(1) of the principal Act is hereby amended by omitting the words “otherwise than for life”, and substituting the words “for a term of 1 year or more”.

(2)

Section 80 of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:

“(1a)

Subject to sections 33(3) and 34(3) of the Penal Institutions Act 1954 and to subsection (2) of this section, an offender who is subject to a sentence of imprisonment for a term of less than 1 year shall be eligible for remission of sentence after the expiry of one-half of the term of the sentence.”

4 Obligations of Registrar where court makes order for confiscation of motor vehicle

(1)

Section 86(2) of the principal Act is hereby amended by repealing paragraph (c).

(2)

Section 86 of the principal Act is hereby amended by inserting, after subsection (2), the following subsections:

“(2a)

In addition to complying with subsection (1) of this section, the Registrar of the court shall, on the day after the motor vehicle is surrendered in accordance with section 84(5) of this Act or seized pursuant to a warrant issued under section 84(6) of this Act, check whether any security interest is registered in respect of the vehicle on the motor vehicle securities register maintained under the Motor Vehicle Securities Act 1989.

“(2b)

If a security interest is found to be so registered, the Registrar shall forthwith notify the person entered in the register as the secured party—

“(a)

That the Registrar may, under section 87(1) of this Act, sell the motor vehicle:

“(b)

Of the effect of section 87(3)(b) of this Act and of subsections (4) to (8) of that section.”

(3)

Section 86(3) of the principal Act is hereby amended by omitting the expression “subsection (1)”, and substituting the expression “subsections (1) to (2b)”.

5 Eligibility for parole

(1)

Section 93 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

Subject to subsections (2) and (2a) of this section, an offender who is subject to a sentence of imprisonment for life or for a term of 1 year or more is eligible to be released on parole in accordance with this Part of this Act at the following stage of the sentence:

“(a)

Where the sentence is for life, after the expiry of 10 years of that sentence:

“(b)

Where the sentence is for a term of 14 years or more, after the expiry of 7 years of that sentence:

“(c)

Where the sentence is for a term of at least 1 year but less than 14 years, after the expiry of half of that sentence.”

(2)

Section 95(1) of the principal Act is hereby amended by inserting, after the words “for a term of”, the words “at least 1 year but”.

(3)

Section 95(3) of the principal Act is hereby amended by inserting, after the words “for a term of”, the words “at least 1 year but”.

(4)

Section 95(4) of the principal Act is hereby amended by inserting, after the words “for a term of”, the words “at least 1 year but”.

(5)

Section 97(2) of the principal Act is hereby amended by inserting, after the words “for a term of”, the words “at least 1 year but”.

(6)

Section 99(3) of the principal Act is hereby amended by inserting, after the words “for a term of”, the words “at least 1 year but”.

6 Remand of defendant under 17 for psychiatric examination

(1)

Section 121(1) of the principal Act is hereby amended by inserting, before the words “Notwithstanding anything in any other enactment”, the words “Subject in the case of a defendant who is under the age of 17 years to section 142 of this Act, but”.

(2)

Section 142 of the principal Act is hereby amended by inserting, after subsection (5), the following subsections:

“(5a)

Where, in any case to which section 121(1) of this Act applies,—

“(a)

The defendant is under the age of 17 years; and

“(b)

The court, but for the provisions of subsection (1) or subsection (2) of this section, would have remanded the defendant to a penal institution in accordance with section 121(2)(b)(i) of this Act for the purposes of psychiatric examination,—

the court may instead remand the defendant in the custody of the Director-General of Social Welfare, if it is satisfied that the Director-General of Social Welfare is able and willing to keep the defendant in custody, for the purpose of psychiatric examination for such period, not exceeding 14 days, as the court thinks fit.

“(5b)

Where, in any case to which subsection (1) of section 121 of this Act applies, the defendant is under the age of 17 years, the provisions of subsections (2)(b)(ii) and (2a) to (13) of that section shall be read as if—

“(a)

Any reference to remand to a penal institution were a reference to remand to the custody of the Director-General of Social Welfare; and

“(b)

Any reference to the Superintendent of a penal institution were a reference to the Director-General of Social Welfare; and

“(c)

Any reference to penal custody were a reference to custody to the Director-General of Social Welfare.

“(5c)

Where the court remands any person in the custody of the Director-General of Social Welfare under subsection (5a) of this section, subsection (5) of this section shall apply as if the person were remanded pursuant to paragraph (b) of the proviso to subsection (4) of this section.”

This Act is administered in the Department of Justice.

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Criminal Justice Amendment Act (No. 2) 1989