Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

153: Offender convicted of specified offence committed before commencement date

You could also call this:

"What happens if you broke the law before 2002 and are sentenced after that"

Illustration for Sentencing Act 2002

If you commit a specified offence before the Sentencing Act 2002 starts, and you are sentenced after it starts, this section applies to you. You can be considered for this if you would have been given preventive detention under section 75 of the Criminal Justice Act 1985 before the commencement date. The court decides what happens to you.

The court can choose to deal with you under sections 87 to 90. This means the court has options for your sentence. You will be treated according to the rules in these sections.

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 It might be out of date or be missing some parts.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=DLM137204.

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

152: Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender, or

"New law rules don't apply to old crimes, unless it's a very serious violent offence."

Next

154: Offender convicted of murder committed before commencement date, or

"Murder committed before 2002: how you're sentenced under the new law"

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

153Offender convicted of specified offence committed before commencement date

  1. This section applies if—

  2. an offender is sentenced on or after the commencement date for an offence committed before that date that is a specified offence as defined in section 75(4) of the Criminal Justice Act 1985; and
    1. had the court been dealing with the offender immediately before the commencement date, the court would have sentenced the offender to preventive detention under section 75 of the Criminal Justice Act 1985 or committed the offender to the High Court in accordance with section 75(3) of that Act.

      1. The court may deal with the offender under sections 87 to 90.