Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Sentencing procedure

25: Power of adjournment for inquiries as to suitable punishment

You could also call this:

"The court can delay deciding your punishment to gather more information or wait for other things to happen."

Illustration for Sentencing Act 2002

If you have been found guilty of an offence, the court can delay your sentencing for a few reasons. The court might want to find out more about the best way to deal with your case. They might also want to wait for a restorative justice process to happen or be completed.

The court can also delay sentencing if you need to do a rehabilitation programme or if they need to decide whether to take something away from you as part of your sentence. After the delay, a Judge or Justice or Community Magistrate can sentence you or deal with your case, even if they were not the ones who heard your case initially. They will look into the circumstances of your case before making a decision, and this can happen after a delay under this section or under section 10(4) or 24A.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135580.


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24A: Adjournment for restorative justice process in certain cases, or

"The court can delay your case to see if a restorative justice process can help."


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26: Pre-sentence reports, or

"Reports to help the court decide your sentence"

Part 1Sentencing purposes and principles, and provisions of general application
Sentencing procedure

25Power of adjournment for inquiries as to suitable punishment

  1. A court may adjourn the proceedings in respect of any offence after the offender has been found guilty or has pleaded guilty and before the offender has been sentenced or otherwise dealt with for any 1 or more of the following purposes:

  2. to enable inquiries to be made or to determine the most suitable method of dealing with the case:
    1. to enable a restorative justice process to occur, or to be completed:
      1. to enable a restorative justice agreement to be fulfilled:
        1. to enable a rehabilitation programme or course of action to be undertaken:
          1. to determine whether to impose an instrument forfeiture order and, if so, the terms of that order:
            1. to enable the court to take account of the offender's response to any process, agreement, programme, or course of action referred to in paragraph (b), (c), or (d).
              1. If proceedings are adjourned under this section or under section 10(4) or 24A, a Judge or Justice or Community Magistrate having jurisdiction to deal with offences of the same kind (whether or not the same Judge or Justice or Community Magistrate before whom the case was heard) may, after inquiry into the circumstances of the case, sentence or otherwise deal with the offender for the offence to which the adjournment relates.

              Compare
              Notes
              • Section 25(1)(b): amended, on , by section 5(1) of the Sentencing Amendment Act 2014 (2014 No 38).
              • Section 25(1)(da): inserted, on , by section 8 of the Sentencing Amendment Act 2009 (2009 No 10).
              • Section 25(2): amended, on , by section 5(2) of the Sentencing Amendment Act 2014 (2014 No 38).