Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Interpretation provision relating to references to offender being sentenced to imprisonment for particular period

92: References to period of imprisonment for purposes of section 93

You could also call this:

"How the court works out your prison sentence time for section 93"

Illustration for Sentencing Act 2002

When a court is deciding something under section 93, you need to know what it means to be sentenced to imprisonment for a certain period. If you were not already in prison, the court sentences you to one sentence of imprisonment that is as long as that period, or it sentences you to two or more sentences of imprisonment that add up to that period. The court can also sentence you to one or more sentences of imprisonment that, when added to any existing prison sentences, equal that period.

If the court gives you two or more prison sentences, the total time is calculated from when the first sentence starts to when the last sentence ends, using the sentence expiry date as explained in subpart 3 of Part 1 of the Parole Act 2002. This means the court looks at when each sentence begins and ends to work out the total time. The sentence expiry date is used to determine when the last sentence ends.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM136467.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

91: Warrant of commitment for sentence of imprisonment, or

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

Next

93: Imposition of conditions on release of offender sentenced to imprisonment for short term, or

"Rules to follow when you leave prison after a short sentence"

Part 2Sentences, orders, and related matters
Imprisonment: Interpretation provision relating to references to offender being sentenced to imprisonment for particular period

92References to period of imprisonment for purposes of section 93

  1. For the purposes of section 93, a court sentences an offender to imprisonment for a particular period if,—

  2. in a case where the offender was not already subject to a sentence or sentences of imprisonment, it sentences the offender to 1 sentence of imprisonment, the term of which is equal to that period; or
    1. in a case where the offender was not already subject to a sentence or sentences of imprisonment, it sentences the offender to 2 or more sentences of imprisonment, the total term of which is equal to that period; or
      1. in a case where the offender was already subject to a sentence or sentences of imprisonment, it sentences the offender to 1 or more sentences of imprisonment the total term of which, including the existing sentences of imprisonment, is equal to that period.

        1. For the purposes of this section, the total term of 2 or more sentences of imprisonment is a term beginning with the commencement date of the first of the sentences to commence and ending with the sentence expiry date (as specified in subpart 3 of Part 1 of the Parole Act 2002) of the sentence last to expire.