Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Provisions about start date of sentence of imprisonment

100: Court may defer start date of sentence of imprisonment

You could also call this:

"The court can delay when you start prison time for up to 2 months for kind reasons."

If you are given a sentence of imprisonment, the court can delay when you start serving it for up to 2 months if they think it is fair to do so for humanitarian reasons. The sentence of imprisonment will start on the date specified in section 78 of the Parole Act 2002. You will be granted bail if your sentence is delayed under this rule, as stated in the Bail Act 2000.

The court cannot delay your sentence if it is added to another sentence of imprisonment, or if it replaces a sentence that has been cancelled or changed. The court also cannot delay your sentence if a delay has already been granted, or if you have already started serving your sentence or are being held for another reason. If you are given a sentence for not paying a fine, disobeying a court order, or contempt of court, it is treated like a normal sentence of imprisonment for the purposes of this rule.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136489.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

99: Effect of subsequent conviction on home detention, or

"What happens to your home detention if you commit another crime"

101: Start date of sentence of imprisonment, or

"When does your time in prison start?"

Part 2Sentences, orders, and related matters
Imprisonment: Provisions about start date of sentence of imprisonment

100Court may defer start date of sentence of imprisonment

The court may defer the start date of a sentence of imprisonment for a specified period of up to 2 months on humanitarian grounds.
Repealed
The sentence of imprisonment starts on the date specified in section 78 of the Parole Act 2002.
The Bail Act 2000 provides that an offender whose sentence is deferred under this section must be granted bail.
Despite subsection (1), no court may defer the start date of a sentence of imprisonment if—
the sentence of imprisonment is imposed cumulatively on any other sentence of imprisonment; or
the sentence of imprisonment is imposed in substitution for a sentence of imprisonment that has been quashed or set aside; or
an order under this section has already been made in respect of the sentence; or
the offender has already commenced serving the sentence or is detained under any other sentence or order.

For the purpose of this section, a term of imprisonment imposed on an offender (whether by committal, sentence, or order) in respect of the non-payment of a sum of money, contempt of court, or disobedience of a court order is deemed to be a determinate sentence of imprisonment.

Compare

1985 No 120 s 78(2)

Notes

Section 100(2): repealed, on 1 October 2007, by section 51 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 100(3A): inserted, on 7 July 2004, by section 11(2) of the Sentencing Amendment Act 2004 (2004 No 68).
Section 100(4)(b): amended, on 7 July 2004, by section 11(3) of the Sentencing Amendment Act 2004 (2004 No 68).
Section 100(4)(c): inserted, on 7 July 2004, by section 11(3) of the Sentencing Amendment Act 2004 (2004 No 68).
Section 100(4)(d): inserted, on 7 July 2004, by section 11(3) of the Sentencing Amendment Act 2004 (2004 No 68).