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Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Review of community-based sentences and cancellation of sentences of reparation

72: Jurisdiction and procedure

You could also call this:

"Which court handles changes to community-based sentences and how it works"

Illustration for Sentencing Act 2002

If you want to apply to change or cancel a community-based sentence, you must make the application to the right court. The court you apply to depends on which court gave you the sentence. You can apply to the High Court if the sentence was given by the High Court or a higher court.

If the District Court gave you the sentence, you apply to the District Court. A copy of your application must be given to the offender, or the chief executive of the Ministry of Justice, or the chief executive of the Department of Corrections, depending on who is making the application.

If a Registrar makes an application under section 38A, they can issue a warrant for your arrest to bring you to court. If a probation officer makes an application under certain sections, they or a constable can ask the court to issue a warrant for your arrest.

Only a constable can carry out the arrest. If you are arrested, certain rules from the Criminal Procedure Act 2011 apply to you, as if you were being charged with a crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136086.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 2Sentences, orders, and related matters
Community-based sentences: Review of community-based sentences and cancellation of sentences of reparation

72Jurisdiction and procedure

  1. Every application under section 38A, 54, 54K, 68, or 69I must be made—

  2. to the High Court, if the sentence was passed—
    1. by the Supreme Court on appeal against a sentence imposed by the High Court, or imposed by the Court of Appeal on appeal from the High Court; or
      1. by the Court of Appeal on appeal from the High Court; or
        1. by the High Court otherwise than on appeal from the District Court; or
        2. to the District Court presided over by a trial Judge, if the sentence was passed—
          1. by the Supreme Court on appeal against a sentence imposed by the District Court presided over by a trial Judge, or imposed by the Court of Appeal on appeal from the District Court presided over by a trial Judge; or
            1. by the Court of Appeal on appeal from the District Court presided over by a trial Judge; or
              1. by a District Court Judge on conviction following a jury trial; or
              2. to the District Court presided over by a Judge or Community Magistrate if the sentence was imposed by a Community Magistrate; or
                1. to the District Court presided over by any Judge, in any other case.

                  1. A copy of the application must, either before or as soon as practicable after the application is lodged in the office of the court, be served—

                  2. on the offender, if the offender is not the applicant; or
                    1. on the chief executive of the Ministry of Justice, if a Registrar is not the applicant under section 38A; or
                      1. on the chief executive of the Department of Corrections, if a probation officer is not the applicant under section 54, 54K, 68, or 69I.

                        1. An application under section 38A must be served in accordance with section 79A or 79B of the Summary Proceedings Act 1957.

                        2. If an application under section 38A has been lodged in a court by a Registrar, the Registrar may, for the purpose of having the offender brought before the court dealing with the application, issue a warrant for the arrest of the offender.

                        3. Sections 88AA and 88AC of the Summary Proceedings Act 1957 apply with any necessary modifications to a warrant to arrest issued under subsection (2B).

                        4. For the purposes of section 310 of the Customs and Excise Act 2018 and section 295 of the Immigration Act 2009, a warrant for the arrest of the offender issued under subsection (2B) is to be treated as a warrant for arrest that has been issued in respect of the non-payment of the whole, or of any part, of a fine.

                        5. If an application under section 54, 54K, 68, or 69I has been lodged in a court by a probation officer, a probation officer or a constable may, for the purpose of having the offender brought before the court dealing with the application, apply to a court or a Registrar for the issue of a warrant to arrest the offender and the court or Registrar may issue a warrant for arrest.

                        6. No warrant issued under subsection (3) may be executed otherwise than by a constable.

                        7. If an offender is arrested under a warrant issued under subsection (3), sections 167 to 170, 206, and 385 of the Criminal Procedure Act 2011, so far as they are applicable and with any necessary modifications, apply as if the application were a charging document.

                        Compare
                        Notes
                        • Section 72(1): amended, on , by section 10(2) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(1): amended, on , by section 36(1) of the Sentencing Amendment Act 2007 (2007 No 27).
                        • Section 72(1)(a)(ia): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
                        • Section 72(1)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(1)(b)(ia): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
                        • Section 72(1)(b)(ia): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(1)(b)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(1)(b)(ii): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
                        • Section 72(1)(c): replaced, on , by section 31(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 72(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(1)(d): inserted, on , by section 31(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 72(1)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 72(2)(b): replaced, on , by section 10(3) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2)(c): inserted, on , by section 10(3) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2A): inserted, on , by section 10(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2B): inserted, on , by section 10(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2C): inserted, on , by section 10(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2D): inserted, on , by section 10(4) of the Sentencing Amendment Act 2011 (2011 No 47).
                        • Section 72(2D): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                        • Section 72(3): replaced, on , by section 31(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 72(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 72(5): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).