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Parole Act 2002

Parole and other release from detention - Sentence calculation - Determining how much time has been served

90: Period spent in pre-sentence detention deemed to be time served

You could also call this:

"Time in detention before sentencing counts towards your prison sentence"

Illustration for Parole Act 2002

When you are given a sentence of imprisonment, the time you spent in detention before you were sentenced is counted as time served. You are deemed to have been serving your sentence during this time, which affects your key dates, non-parole period, statutory release date, and parole eligibility date. This means the time you spent in detention before your sentence will be included when calculating how long you have to serve.

If you have two or more sentences that are served at the same time, the amount of pre-sentence detention for each sentence is determined separately. The amount of pre-sentence detention is then deducted from each sentence, based on the amount determined for that sentence. This ensures that the correct amount of time is counted for each sentence.

When you have two or more sentences that are added together to make a single sentence, any pre-sentence detention is only deducted once from the total sentence. This is to make sure you are not counted as serving the same detention time twice. You can find more information about this by looking at the Crimes Act 1985 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139345.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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89: Determining time served, or

"How to work out the time someone has already spent in prison for their sentence"

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91: Meaning of pre-sentence detention, or

"What 'pre-sentence detention' means: being held in a secure place while waiting for a trial or sentence."

Part 1Parole and other release from detention
Sentence calculation: Determining how much time has been served

90Period spent in pre-sentence detention deemed to be time served

  1. For the purpose of calculating the key dates and non-parole period of a sentence of imprisonment (including a notional single sentence) and an offender's statutory release date and parole eligibility date, an offender is deemed to have been serving the sentence during any period that the offender has spent in pre-sentence detention.

  2. When an offender is subject to 2 or more concurrent sentences,—

  3. the amount of pre-sentence detention applicable to each sentence must be determined; and
    1. the amount of pre-sentence detention that is deducted from each sentence must be the amount determined in relation to that sentence.

      1. When an offender is subject to 2 or more cumulative sentences that make a notional single sentence, any pre-sentence detention that relates to the cumulative sentences may be deducted only once from the single notional sentence.

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