Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Order to come up for sentence if called on

110: Order to come up for sentence if called on

You could also call this:

"Waiting for a sentence: the court can call you back within a year to decide your punishment"

When you are found guilty of a crime, the court can decide not to give you a sentence right away. Instead, the court can tell you to come back for your sentence if they call you within a certain time, up to one year from the date you were found guilty. The court will decide when you need to come back.

The court can also make other orders, like telling you to pay costs or give back any property that belongs to someone else. They can order you to pay money to someone who was hurt by what you did, to help compensate them for things like damage to property, emotional harm, or physical harm.

If the court orders you to pay compensation, it will be like a sentence of reparation, which is explained in sections 32 to 38A. However, you will not have to pay compensation for things that are already covered by the Accident Compensation Act 2001, such as some types of injuries.

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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=DLM136814.

Topics:

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

109: Guidance on conviction and discharge, or

"What happens when a judge decides if you get a conviction or just a warning"

111: Calling offender to come up for sentence, or

"Going back to court if you didn't follow the rules after doing something wrong"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Order to come up for sentence if called on

110Order to come up for sentence if called on

If a person is convicted of an offence, a court before which the offender appears for sentence may, instead of imposing sentence, order the offender to appear for sentence if called on to do so within the period described in subsection (2).
The period referred to in subsection (1) is a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order.
A court making an order under this section may—
make an order for the payment of costs or for the restitution of any property; or
make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered—
1. loss of, or damage to, property; or
2. emotional harm; or
3. loss or damage consequential on any emotional or physical harm or loss of, or damage to, property.

Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.
Repealed
Despite subsection (3)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.
Repealed
Repealed

Compare

1985 No 120 s 21(1), (2)

Notes

Section 110(3A): replaced, on 13 February 2012, by section 14(1) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 110(4): repealed, on 13 February 2012, by section 14(2) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 110(5): replaced, on 6 December 2014, by section 10 of the Sentencing Amendment Act 2014 (2014 No 38).
Section 110(6): repealed, on 13 February 2012, by section 14(2) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 110(7): repealed, on 13 February 2012, by section 14(2) of the Sentencing Amendment Act 2011 (2011 No 47).