Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Sentencing procedure

24A: Adjournment for restorative justice process in certain cases

You could also call this:

"The court can delay your case to see if a restorative justice process can help."

Illustration for Sentencing Act 2002

If you appear before the District Court before sentencing, and you have pleaded guilty to the offence, the court might delay your case. This can happen if there are victims of the offence, and no restorative justice process has happened before. The court will delay your case if the Registrar says a suitable restorative justice process is available. The court delays your case to find out if a restorative justice process is suitable, considering what the victims want. If it is suitable, the court will delay your case so a restorative justice process can happen, as per the Sentencing Amendment Act 2014 and the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6362000.


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Part 1Sentencing purposes and principles, and provisions of general application
Sentencing procedure

24AAdjournment for restorative justice process in certain cases

  1. This section applies if—

  2. an offender appears before the District Court at any time before sentencing; and
    1. the offender has pleaded guilty to the offence; and
      1. there are 1 or more victims of the offence; and
        1. no restorative justice process has previously occurred in relation to the offending; and
          1. the Registrar has informed the court that an appropriate restorative justice process can be accessed.
            1. The court must adjourn the proceedings to—

            2. enable inquiries to be made by a suitable person to determine whether a restorative justice process is appropriate in the circumstances of the case, taking into account the wishes of the victims; and
              1. enable a restorative justice process to occur if the inquiries made under paragraph (a) reveal that a restorative justice process is appropriate in the circumstances of the case.
                Notes
                • Section 24A: inserted, on , by section 4 of the Sentencing Amendment Act 2014 (2014 No 38).
                • Section 24A(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).