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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Hierarchy of sentences and orders

10A: Hierarchy of sentences and orders

You could also call this:

"What happens when you break the law: a list of punishments from least to most serious."

Illustration for Sentencing Act 2002

When you break the law, you might get a sentence or order from the court. The court has a list of sentences and orders that show how much supervision and monitoring you will get, and what rules you have to follow. This list is like a ladder, from least restrictive to most restrictive, and it includes things like discharge, fines, community work, home detention, and imprisonment.

You will be given a sentence or order that fits where you are on this ladder. The court decides which one is best for you based on what you did and how serious it was. The sentences and orders are ranked from least to most serious, with discharge being the least serious and imprisonment being the most serious.

The court's list of sentences and orders is set out in a special order, from least restrictive to most restrictive, and you can find more information about the laws that govern this in the Sentencing Amendment Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135550.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"The court must consider taking away property used in a crime and helping those affected when deciding a sentence."

Part 1Sentencing purposes and principles, and provisions of general application
Hierarchy of sentences and orders

10AHierarchy of sentences and orders

  1. The hierarchy of sentences and orders set out in subsection (2) reflects the relative level of supervision and monitoring of, and restrictions imposed on, an offender under each sentence or order.

  2. The hierarchy of sentences and orders, from the least restrictive to the most restrictive, is as follows:

  3. discharge or order to come up for sentence if called on:
    1. sentences of a fine and reparation:
      1. community-based sentences of community work and supervision:
        1. community-based sentences of intensive supervision and community detention:
          1. sentence of home detention:
            1. sentence of imprisonment.

              Notes
              • Section 10A: inserted, on , by section 7 of the Sentencing Amendment Act 2007 (2007 No 27).