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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Taking into account offer or agreement to make amends

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

You could also call this:

"The court considers your apology or attempts to fix the problem when deciding your punishment."

Illustration for Sentencing Act 2002

When you are in court for doing something wrong, the court must think about some things. You might have said sorry or offered to fix the problem, and the court must consider this. The court also thinks about whether you and the person you hurt have agreed on how to make things right.

The court looks at how you and your family respond to what you did wrong. You might have done something to make up for what you did, like paying money or saying sorry. The court thinks about whether these actions are genuine and if the person you hurt accepts them.

If the court decides you still need to be punished, they must think about the good things you have done when deciding your punishment. The court can also wait until you have finished making things right before deciding what to do with you. This can include waiting until you have paid money, finished a task, or completed something else you agreed to do, as seen in the Sentencing Act 2002 comparisons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135548.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1Sentencing purposes and principles, and provisions of general application
Taking into account offer or agreement to make amends

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

  1. In sentencing or otherwise dealing with an offender the court must take into account—

  2. any offer of amends, whether financial or by means of the performance of any work or service, made by or on behalf of the offender to the victim:
    1. any agreement between the offender and the victim as to how the offender may remedy the wrong, loss, or damage caused by the offender or ensure that the offending will not continue or recur:
      1. the response of the offender or the offender's family, whanau, or family group to the offending:
        1. any measures taken or proposed to be taken by the offender or the family, whanau, or family group of the offender to—
          1. make compensation to any victim of the offending or family, whanau, or family group of the victim; or
            1. apologise to any victim of the offending or family, whanau, or family group of the victim; or
              1. otherwise make good the harm that has occurred:
              2. any remedial action taken or proposed to be taken by the offender in relation to the circumstances of the offending.

                1. In deciding whether and to what extent any matter referred to in subsection (1) should be taken into account, the court must take into account—

                2. whether or not it was genuine and capable of fulfilment; and
                  1. whether or not it has been accepted by the victim as expiating or mitigating the wrong.

                    1. If a court determines that, despite an offer, agreement, response, measure, or action referred to in subsection (1), it is appropriate to impose a sentence, it must take that offer, agreement, response, measure, or action into account when determining the appropriate sentence for the offender.

                    2. Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until—

                    3. compensation has been paid; or
                      1. the performance of any work or service has been completed; or
                        1. any agreement between the victim and the offender has been fulfilled; or
                          1. any measure proposed under subsection (1)(d) has been completed; or
                            1. any remedial action referred to in subsection (1)(e) has been completed.

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