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Sentencing Act 2002

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

90: Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

You could also call this:

"What happens if the District Court thinks you might get preventive detention for a serious crime"

Illustration for Sentencing Act 2002

If you are found guilty of a serious crime in the District Court, and the court thinks you might get a special kind of sentence called preventive detention, this process happens. The court looks at a report from a probation officer to help them decide. If the court believes preventive detention might be appropriate, they send your case to the High Court to decide your sentence. The District Court makes a note in your court record saying they are sending your case to the High Court because they think you should be considered for preventive detention. You will then be sentenced in the High Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136462.

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

90Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

  1. This section applies if a person is convicted by the District Court of a qualifying sexual or violent offence, and the court has reason to believe, from a report of a probation officer or otherwise, that a sentence of preventive detention may be appropriate.

  2. The court must transfer the offender to the High Court for sentence and make an entry in the permanent court record to the effect that the court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of preventive detention.

Notes
  • Section 90(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 90(2): replaced, on , by section 5 of the Sentencing Amendment Act 2013 (2013 No 32).