Sentencing Act 2002

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

86N: Notice of possible consequences of receiving subsequent qualifying sentence for qualifying offence

You could also call this:

"Warning: what happens if you break the law again after a court warning"

Illustration for Sentencing Act 2002

If a court gives you a warning under section 86K, section 86KA, or section 86L, the court must also give you a written notice. This notice tells you what might happen if you get a qualifying sentence for another qualifying offence after the warning. The court can give you this written notice at the same time as the warning, or as soon as they can after giving the warning. If the court forgets to give you this written notice, it does not change the sentence they gave you, any orders they made, or the warning they gave you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1448078.


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

86NNotice of possible consequences of receiving subsequent qualifying sentence for qualifying offence

  1. A court that gives an offender a warning required under section 86K, 86KA, or 86L must also give the offender a written notice that sets out the possible consequences if the offender subsequently receives a qualifying sentence for any qualifying offence committed after the giving of the warning.

  2. The written notice may be given at the time, or as soon as is reasonably practicable after, the warning is given.

  3. Failure to give a written notice in accordance with this section does not affect the validity of—

  4. any sentence imposed, order made, or warning given by a court; or
    1. any record of first warning or record of subsequent warning.
      Notes
      • Section 86N: inserted, on , by section 7 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).