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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Additional consequences for certain repeated offending

86K: Warnings: first warning to be given if qualifying sentence imposed for stage-1 offence

You could also call this:

"The court must warn you about future consequences if you get a special sentence for a stage-1 offence."

Illustration for Sentencing Act 2002

If a court gives you a special sentence for committing a stage-1 offence, and you are in court when this happens, the court must warn you. The warning is about what might happen if you get another special sentence for committing another offence after this warning. The court must also make a note in your court record that you have been warned.

When the court gives you this warning, you will have what is called a record of first warning for that offence. This record starts from the time the court makes the note in your file, but you should check section 86U(2) for more information. If you appear in court under section 86M(2) or (6) for a stage-1 offence, the court must also follow these steps.

The court's warning to you is about the possible consequences of getting another special sentence, no matter what type of offence you commit in the future. The court must tell you about these consequences and make sure your court record shows that you have been warned.

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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=LMS1448074.

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"What words mean in the Sentencing Act 2002"

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86KA: Warnings: first warning to be given if sentence of imprisonment of between 12 and 24 months imposed for stage-2 offence, or

"If you get a 1-2 year prison sentence for a serious offence, the court must warn you about what might happen if you break the law again."

Part 2Sentences, orders, and related matters
Imprisonment: Additional consequences for certain repeated offending

86KWarnings: first warning to be given if qualifying sentence imposed for stage-1 offence

  1. This section applies if—

  2. a court imposes a qualifying sentence on an offender for a stage-1 offence (including on an appeal, but only if the offender does not have a record of first warning in relation to the offence); and
    1. the offender is before the court when it imposes the sentence.

      1. This section also applies if an offender appears before a court under section 86M(2) or (6) in relation to a stage-1 offence.

      2. The court must—

      3. warn the offender of the possible consequences if the offender receives a further qualifying sentence for any qualifying offence committed after that warning (whether or not that further qualifying offence is different in kind from any qualifying offence for which a sentence of imprisonment is being, or has been, imposed on the offender); and
        1. make an entry in the permanent court record, in relation to the stage-1 offence, to the effect that the offender has been warned under paragraph (a).

          1. On and after the making of the entry under subsection (3)(b), the offender has, in relation to the stage-1 offence, a record of first warning (subject to section 86U(2)).

          Notes
          • Section 86K: inserted, on , by section 7 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).