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Sentencing Act 2002

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

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

You could also call this:

"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."

Illustration for Sentencing Act 2002

If you commit a stage-2 offence and the court gives you a prison sentence of between 12 and 24 months, the court must warn you about what might happen if you commit another offence. You must be in court when the sentence is given. The court will tell you about the possible consequences of committing another offence after you have been warned.

If you appear in court under section 86M(2) or (6) for a stage-2 offence and you have been given a prison sentence of between 12 and 24 months, the court must also warn you. The court will warn you that if you commit another offence, you might face serious consequences.

The court must make a note in your court record that you have been warned. After this note is made, you will have a record of first warning for the stage-2 offence, unless section 86U(3) says otherwise. This record will be kept until further notice.

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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=LMS1448075.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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86K: Warnings: first warning to be given if qualifying sentence imposed for stage-1 offence, or

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

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86L: Warnings: subsequent warning to be given if qualifying sentence imposed for stage-2 offence or stage-3 offence, or

"The court must warn you about possible consequences if you get a special sentence for a serious offence."

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

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

  1. This section applies if—

  2. a court imposes a determinate sentence of imprisonment of more than 12 months but not more than 24 months on an offender for a stage-2 offence (including on an appeal, but only if the offender does not have a record of first warning or a record of subsequent 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-2 offence for which a determinate sentence of imprisonment of more than 12 months but not more than 24 months has been imposed on the offender.

      2. The court must—

      3. warn the offender of the possible consequences if the offender subsequently receives a qualifying sentence for any qualifying offence committed after that warning (whether or not that 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-2 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-2 offence, a record of first warning (subject to section 86U(3)).

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