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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment

82A: Additional consequences for certain repeated offending must not be taken into account in determining length of sentence

You could also call this:

"The court doesn't consider extra penalties when deciding your prison sentence for a serious crime."

Illustration for Sentencing Act 2002

When you are given a sentence for a serious crime, the court decides how long you will be in prison. The court must not think about the extra consequences you might face under sections 86K to 86T when deciding your sentence. You might be wondering what a stage-1, stage-2, or stage-3 offence is. These terms have the same meanings as in section 86J.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1448030.

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Part 2Sentences, orders, and related matters
Imprisonment

82AAdditional consequences for certain repeated offending must not be taken into account in determining length of sentence

  1. In determining the length of a sentence of imprisonment to be imposed on an offender for a stage-3 offence that is murder, a stage-2 offence, or a stage-1 offence, the court must not take into account the consequences that the offender may face under sections 86K to 86T.

  2. In this section, stage-1 offence, stage-2 offence, and stage-3 offence have the same meanings as in section 86J.

Notes
  • Section 82A: inserted, on , by section 6 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).