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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Preventive detention

87: Sentence of preventive detention

You could also call this:

"A sentence to keep the community safe from people who might commit serious crimes again."

Illustration for Sentencing Act 2002

The purpose of preventive detention is to protect the community from people who pose a significant and ongoing risk to safety. You might be given a sentence of preventive detention if you are convicted of a serious crime and the court thinks you will commit another one. The court must consider things like your past behaviour and the harm you caused to the community when deciding if you should get a sentence of preventive detention.

If you are 18 or over and convicted of a qualifying sexual or violent offence, the court can give you a sentence of preventive detention. This type of offence includes sexual crimes punishable by 7 or more years in prison, as outlined in the Crimes Act 1961, or violent offences like those listed in sections 171, 173 to 176, and others of that Act.

The High Court can impose a sentence of preventive detention on its own or after the prosecutor asks for it. When considering this, the court looks at your history of serious offending, how serious the harm was, and if you are likely to commit more serious offences. The court also thinks about whether you have tried to address the reasons for your offending and if a long sentence would keep society safe. The court refers to the Parole Act 2002, specifically subpart 3 of Part 1, to determine the sentence expiry date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136454.

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Part 2Sentences, orders, and related matters
Imprisonment: Preventive detention

87Sentence of preventive detention

  1. The purpose of preventive detention is to protect the community from those who pose a significant and ongoing risk to the safety of its members.

  2. This section applies if—

  3. a person is convicted of a qualifying sexual or violent offence (as that term is defined in subsection (5)); and
    1. the person was 18 years of age or over at the time of committing the offence; and
      1. the court is satisfied that the person is likely to commit another qualifying sexual or violent offence if the person is released at the sentence expiry date (as specified in subpart 3 of Part 1 of the Parole Act 2002) of any sentence, other than a sentence under this section, that the court is able to impose.

        1. The High Court may, on the application of the prosecutor or on its own motion, impose a sentence of preventive detention on the offender.

        2. When considering whether to impose a sentence of preventive detention, the court must take into account—

        3. any pattern of serious offending disclosed by the offender's history; and
          1. the seriousness of the harm to the community caused by the offending; and
            1. information indicating a tendency to commit serious offences in future; and
              1. the absence of, or failure of, efforts by the offender to address the cause or causes of the offending; and
                1. the principle that a lengthy determinate sentence is preferable if this provides adequate protection for society.

                  1. In this section and in sections 88 and 90, qualifying sexual or violent offence means—

                  2. a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment; and includes a crime under section 144A or section 144C of that Act; or
                    1. an offence against any of sections 171, 173 to 176, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, or 236 of the Crimes Act 1961.

                      Notes
                      • Section 87(5)(b): amended, on , by section 8 of the Sentencing Amendment Act 2004 (2004 No 68).