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Parole Act 2002

Parole and other release from detention - Sentence calculation - Start date of sentence of imprisonment

80: Start date after temporary surrender to New Zealand

You could also call this:

"When you're sent back to New Zealand to serve your prison sentence after being in another country"

Illustration for Parole Act 2002

If you are an offender and you are temporarily sent to New Zealand under the Extradition Act 1999, and you are found guilty and sentenced to prison, this section applies to you. You must be sent back to the country you came from after your court case is finished, as stated in section 66(2) of the Extradition Act 1999.

When you are sent back to New Zealand and taken into custody, your prison sentence will start on that day, unless the court decides otherwise.

This rule applies even if there are other rules in this Act that say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139330.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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79: Start date if later sentence replaces original sentence, or

"When you get a new sentence to replace an old one, it starts on the same day as the old sentence."

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81: Start date of sentence of imprisonment when term imposed, or

"When your prison sentence starts if you're not already in prison"

Part 1Parole and other release from detention
Sentence calculation: Start date of sentence of imprisonment

80Start date after temporary surrender to New Zealand

  1. This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

  2. is convicted and sentenced to a sentence of imprisonment; and
    1. is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from which the offender was surrendered on completion of the proceedings to which the extradition related.

      1. Unless the court otherwise directs, the start date of the sentence imposed is the date on which the person, having been returned to New Zealand, is taken into custody.

      2. This section applies despite any other provision in this Act.

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