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Sentencing Act 2002

Sentences, orders, and related matters - Miscellaneous, transitional, and savings provisions - Transitional and savings provisions

148: Reparation or fine for offence committed before commencement date

You could also call this:

"Paying back or getting a fine for a crime committed before the law changed"

Illustration for Sentencing Act 2002

If you commit a crime before a new law starts, but you are sentenced after it starts, this section applies to you. You will be treated as if the old law was still in place for some things, like reparation or fines, because sections 11 and 22 to 28 of the Criminal Justice Act 1985 still apply to you. Normally, you can't get both a prison sentence and a fine for the same crime, unless the law says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136897.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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147: Regulations, or

"Rules made by the Governor-General to help the Sentencing Act 2002 work properly"

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149: Community-based sentence for offence committed before commencement date, or

"Sentence for a crime committed before new law starts, with community work or supervision options"

Part 2Sentences, orders, and related matters
Miscellaneous, transitional, and savings provisions: Transitional and savings provisions

148Reparation or fine for offence committed before commencement date

  1. This section applies if an offender is sentenced on or after the commencement date for an offence committed before that date.

  2. Sections 11 and 22 to 28 of the Criminal Justice Act 1985 apply as if those sections had not been repealed.

  3. Despite subsection (2), unless the particular enactment expressly provides otherwise, no court may sentence an offender referred to in subsection (1) to both a sentence of imprisonment and a fine for a particular offence.