Sentencing Act 2002

If you need more information about this Act, please contact the administering agency: Department of Corrections and Ministry of Justice
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Reprint as at 1 October 2009

Sentencing Act 2002

Public Act2002 No 9
Date of assent5 May 2002
Commencementsee section 2


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice and the Department of Corrections.


Preliminary provisions

Purposes and principles of sentencing

Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

Taking into account offer or agreement to make amends

Hierarchy of sentences and orders

General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

Permitted combinations of sentences

Provisions of general application restricting cumulative sentences

Proof of facts

Sentencing procedure



Declaration as to financial capacity


Intensive supervision

Community work

Community detention

Offences related to community-based sentences

Review of community-based sentences

Miscellaneous provisions

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

Preventive detention

Warrant of commitment for sentence of imprisonment

Interpretation provision relating to references to offender being sentenced to imprisonment for particular period

Conditions on release of offender sentenced to imprisonment for short term

Home detention


Provisions about start date of sentence of imprisonment

Presumption in relation to sentence for murder

Imposition of minimum period of imprisonment


Order to come up for sentence if called on

Non-association orders

Disqualification from driving

Confiscation of motor vehicles

Miscellaneous provisions

Transitional and savings provisions

Amendments to Children, Young Persons, and Their Families Act 1989

Amendments to Crimes Act 1961

Amendments to Criminal Justice Act 1985

Amendment to District Courts Act 1947

Amendment to Judicature Act 1908

Amendments to Misuse of Drugs Amendment Act 1978

Amendments to Summary Proceedings Act 1957

Other amendments and repeals

Reprint notes