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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Warrant of commitment for sentence of imprisonment

91: Warrant of commitment for sentence of imprisonment

You could also call this:

"What happens when a court sends you to prison: a warrant explains your sentence and rights"

Illustration for Sentencing Act 2002

When a court gives you a prison sentence, a warrant must be issued. The warrant says what you did wrong and tells the people in charge to keep you in prison as per your sentence. The warrant also says if you had a lawyer when you were in court, as explained in section 30(1). If you did not have a lawyer, the warrant explains how the court made sure you knew what was happening.

If you are sentenced by the District Court, a District Court Judge can sign the warrant. If you are sentenced by the High Court, a High Court Judge can sign it. The same applies to the Court of Appeal and the Supreme Court.

A warrant can be issued for more than one sentence given to you at the same time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136464.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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90: Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention, or

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Part 2Sentences, orders, and related matters
Imprisonment: Warrant of commitment for sentence of imprisonment

91Warrant of commitment for sentence of imprisonment

  1. If a court imposes a sentence of imprisonment, a warrant must be issued stating briefly the particulars of the offence and directing the detention of the offender in accordance with the sentence.

  2. A warrant issued under this section must include a statement as to whether the offender was or was not legally represented as contemplated by section 30(1).

  3. If the offender was not legally represented, the warrant must state the way in which the requirements of that section have been satisfied.

  4. Repealed

  5. Repealed

  6. If the sentence is imposed by the District Court, any District Court Judge may sign the warrant.

  7. If the sentence is imposed by the High Court, any Judge of that court may sign the warrant.

  8. If the sentence is imposed by the Court of Appeal, any Judge of that court may sign the warrant.

  9. If the sentence is imposed by the Supreme Court, any Judge of that court may sign the warrant.

  10. A warrant under this section may be issued in respect of any number of sentences imposed in respect of the same offender at the same sitting of the court.

Compare
Notes
  • Section 91(4): repealed, on , by section 48 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 91(5): repealed, on , by section 48 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 91(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 91(8A): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).