Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Instrument forfeiture orders

142B: Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence

You could also call this:

"What the prosecutor must do if someone is guilty of a crime that means they might lose something they own."

Illustration for Sentencing Act 2002

If you are found guilty of a qualifying instrument forfeiture offence, the prosecutor has some duties. The prosecutor must tell the court in writing about the property used to commit the offence, if they think the court should consider taking it away. You need to know that the prosecutor will tell the court the details of this property. The prosecutor will also tell the court the name and details of anyone else who has an interest in the property, as far as the prosecutor knows.

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 It might be out of date or be missing some parts.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=DLM2601248.

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

142A: Interpretation of terms used in sections 142B to 142Q, or

"What special words mean in sections 142B to 142Q of the Sentencing Act"

Next

142C: Duties of court on notification, or

"What the court must do when it gets a special notice about taking away someone's things."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Instrument forfeiture orders

142BDuties of prosecutor if offender guilty of qualifying instrument forfeiture offence

  1. If a person is convicted of a qualifying instrument forfeiture offence and any property was used to commit, or to facilitate the commission of, that offence, the prosecutor must, if in the prosecutor’s opinion the court should consider whether to make an instrument forfeiture order in respect of that property, notify the court in writing of—

  2. the details of that property:
    1. the name and identifying details of any person (other than the offender) who, to the knowledge of the prosecutor, has an interest in the property.

      Notes
      • Section 142B: inserted, on , by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).