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Sentencing Act 2002

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

111: Calling offender to come up for sentence

You could also call this:

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

Illustration for Sentencing Act 2002

If you have done something wrong and a court has made an order about you under section 110, you might have to go back to court. This can happen if you do something else wrong and could be sent to prison for more than three months. It can also happen if you do not do what the court told you to do, or if you do not keep an agreement you made with the court. You might have agreed to do something, like attend a programme, and if you do not do it, you could have to go back to court. If any of these things happen, a police officer, a Crown Prosecutor, the Solicitor-General, or some other authorised person can ask the court to bring you back to court to deal with what you did wrong. The court can then give you a summons to come to court, or they can issue a warrant for your arrest if you do not show up. When you are back in court, the judge will look at what you did wrong and what you have been doing since the order was made. The judge can then decide what to do with you, like giving you a sentence. If someone asks the court to bring you back, the court will follow the rules in the Criminal Procedure Act 2011, which includes sections 206 and 385.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136816.

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

111Calling offender to come up for sentence

  1. This section applies if an offender in respect of whom an order is made under section 110—

  2. is convicted of a subsequent offence punishable by imprisonment for a term of more than 3 months; or
    1. fails to comply with any other order referred to in section 110(3); or
      1. fails to comply with any agreement or fails to take any measure or action of a kind referred to in section 10(1)(b), (d), or (e) that was brought to the attention of the court at the time the court made the order under section 110.

        1. Any of the following persons may, at any time within the period specified in the order, apply to a court having jurisdiction to deal with the original offence to have the offender brought before the court to be dealt with for that offence:

        2. a constable:
          1. a Crown Prosecutor:
            1. the Solicitor-General:
              1. any person designated by the chief executive of the Ministry of Justice or the chief executive of the Department of Corrections.

                1. On an application under subsection (2), the court may—

                2. issue a summons in the prescribed form requiring the offender to appear at the time and place appointed in the summons to show cause why he or she should not be dealt with for the original offence; or
                  1. if the offender fails to appear before the court in answer to the summons issued under paragraph (a), issue a warrant to arrest the offender and bring him or her before the court; or
                    1. issue an arrest warrant without first issuing a summons.

                      1. If an application is made under subsection (2), sections 167 to 170, 206, and 385 of the Criminal Procedure Act 2011 apply, with any necessary modifications, as if the application were a charging document.

                      2. If a person appears before a court under this section and the court is satisfied of any of the matters specified in subsection (1), the court—

                      3. must inquire into the circumstances of the original offence and the conduct of the offender since the order was made (including, where appropriate, the circumstances and gravity of the subsequent offence); and
                        1. may sentence or otherwise deal with the offender for the original offence.

                          Compare
                          Notes
                          • Section 111(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 111(2)(d): amended, on , pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
                          • Section 111(4): replaced, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).