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Sentencing Act 2002

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

11: Discharge or order to come up for sentence if called on

You could also call this:

"The court decides what happens to you after you're found guilty of a crime."

Illustration for Sentencing Act 2002

If you are found guilty of an offence, or you plead guilty, the court must think about how to deal with you. The court considers whether you would be better off if they discharged you without a conviction under section 106, or if they convicted and discharged you under section 108, or if they convicted you and ordered you to come up for sentence if called on under section 110.

If the law says the court should probably give you a prison sentence, a sentence of home detention, a community-based sentence, or a fine for the offence, the court does not have to think about discharging you without a conviction.

The court can still discharge you without a conviction if they think it is the right thing to do in your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135552.

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."

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"Paying back money to someone you hurt or wronged"

Part 1Sentencing purposes and principles, and provisions of general application
General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

11Discharge or order to come up for sentence if called on

  1. If a person who is charged with an offence is found guilty, or pleads guilty, before entering a conviction and imposing a sentence the court must consider whether the offender would be more appropriately dealt with by—

  2. discharging the offender without conviction under section 106; or
    1. convicting and discharging the offender under section 108; or
      1. convicting the offender and ordering the offender, under section 110, to come up for sentence if called on.

        1. If any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing, on conviction, a sentence of imprisonment, a sentence of home detention, a community-based sentence, or a fine, then—

        2. despite subsection (1), a court is not obliged to consider whether the offender would be more appropriately dealt with in the manner described in any of paragraphs (a), (b), or (c) of that subsection; but
          1. the court is not precluded from dealing with the offender in that manner if the court thinks that it is appropriate in the circumstances.

            Notes
            • Section 11(2): amended, on , by section 9 of the Sentencing Amendment Act 2007 (2007 No 27).