Sentencing Act 2002

• Jurisdiction: New Zealand
• Reference: 2002 No 9
• Citation: 2002 No 9
• Record Number: DLM135341
• Act Number: 9
• Type of Document: Act

Contenidos

• Sentencing Act 2002
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purposes
• 4 Interpretation
• 4A Transitional, savings, and related provisions
• 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
• 10B Court must take into account instrument forfeiture order or successful application for relief
• 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 18 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 18 years
• 19 Permitted combinations of sentences
• 20 Guidance on use of combinations of sentences
• 20A Subsequent community-based sentence or sentence of home detention
• 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
• 24A Adjournment for restorative justice process in certain cases
• 25 Power of adjournment for inquiries as to suitable punishment
• 26 Pre-sentence reports
• 26A Pre-sentence reports 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
• Part 2
• Part 1
• 32 Sentence of reparation
• 33 Court may order reparation report
• 34 Reparation reports
• 35 Taking into account financial capacity of offender
• 36 Payment 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
• 38A Cancellation of sentence of reparation
• 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
• 42A Offender may be detained for purpose of making declaration
• 43 Offence of providing false or misleading information
• Part 2
• 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
• 54AA When time ceases to run on 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...