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Parole Act 2002

Parole and other release from detention - Sentence calculation - Cumulative sentences

75: Cumulative sentences form notional single sentence

You could also call this:

"Multiple prison sentences can be treated as one long sentence."

Illustration for Parole Act 2002

When you get sentenced to prison, you might get more than one sentence. If you get a new sentence that you have to serve after another one, these sentences are treated as one sentence. This helps decide if your sentence is long or short, when you can be considered for parole, and when you will be released. You might have sentences that you got before, and new ones that you get after, and these can all be treated as one sentence. If you have many sentences that you have to serve one after the other, they all link together from the date when each one finishes, and they are all treated as one sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139320.

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76: General rules about start date of sentence of imprisonment, or

"When your prison sentence starts"

Part 1Parole and other release from detention
Sentence calculation: Cumulative sentences

75Cumulative sentences form notional single sentence

  1. If, after the commencement date, an offender is sentenced to a sentence of imprisonment (a later sentence) that is directed to be served cumulatively on another sentence (an earlier sentence), the later sentence and the earlier sentence form a notional single sentence for the purpose of determining—

  2. whether the offender is subject to a long-term sentence or a short-term sentence; and
    1. the non-parole period to apply when determining the offender's parole eligibility date; and
      1. the release date to apply when determining the offender's statutory release date.

        1. If the earlier sentence is part of a series of cumulative sentences, then all the sentences (including any pre-cd sentences) in that series, along with the later sentence, form a notional single sentence for the purpose described in subsection (1).

        2. Every sentence (including any pre-cd sentences) in a series of cumulative sentences links to the next one in the series at its sentence expiry date.

        3. Every notional single sentence is deemed to be a sentence that is imposed on or after the commencement date, even if it contains a pre-cd sentence.