Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment

81B: Procedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment

You could also call this:

"What happens if you might get a life sentence for a serious crime in the District Court"

Illustration for Sentencing Act 2002

If you are found guilty of a serious crime in the District Court, and the court thinks you might get a life sentence, this process applies. The court must send your case to the High Court to decide your sentence. The District Court will make a note in the court records that they are sending your case to the High Court because they think you might get a life sentence. You will then go to the High Court for sentencing. The District Court makes this decision when they think a life sentence is a possibility. The court will follow this process when the crime has a maximum penalty of life imprisonment.

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 It might be out of date or be missing some parts.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=DLM5342916.

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

81: Length of sentence of imprisonment, or

"How long you stay in prison if you commit a crime"

Next

82: Pre-sentence detention must not be taken into account in determining length of sentence, or

"The court ignores time spent in detention when deciding your sentence length."

Part 2Sentences, orders, and related matters
Imprisonment

81BProcedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment

  1. This section applies if a person is convicted by the District Court of an offence with a maximum penalty of life imprisonment, and the court has reason to believe that a sentence of life imprisonment may be appropriate.

  2. The court must transfer the offender to the High Court for sentence and make an entry in the permanent court record to the effect that the court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of life imprisonment.

Notes
  • Section 81B: inserted, on , by section 5 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
  • Section 81B(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 81B(2): amended, on , by section 4 of the Sentencing Amendment Act 2013 (2013 No 32).