91Meaning of pre-sentence detention

1. Pre-sentence detention is detention of a type described in subsection (2) that occurs at any stage during the proceedings leading to the conviction or pending sentence of the person, whether that period (or any part of it) relates to—

2. any charge on which the person was eventually convicted; or
3. any other charge on which the person was originally arrested; or
4. any charge that the person faced at any time between his or her arrest and before conviction.

5. The types of detention that are pre-sentence detention are detention under an order made under section 24(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and detention on remand pursuant to a court order—

6. in a prison (or in a Police station in accordance with section 35 of the Corrections Act 2004):
7. in a residence established under section 364 of the Oranga Tamariki Act 1989, or detention in Police custody under section 238(1)(e) of that Act:
8. in a hospital or secure facility under any of sections 23, 35, 38(2), and 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:
9. in a hospital or secure facility pursuant to an order under—
   1. section 171(2) or 184T(3) or (4) of the Summary Proceedings Act 1957; or
   2. section 169 of the Criminal Procedure Act 2011:
10. in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
11. in a secure facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
12. in a hospital under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

13. In the case of an extradition offender (as defined in section 93), pre-sentence detention includes detention in custody overseas in relation to a request for extradition, as recorded on a certificate obtained under section 62 of the Extradition Act 1999 (including any substitute certificate obtained under that section).

14. In the case of an ICC offender (as defined in section 93), pre-sentence detention includes detention in custody overseas, as recorded on a certificate obtained under section 99 of the International Crimes and International Criminal Court Act 2000 (including any substitute certificate obtained under that section).

15. In the case of a MACM offender (as defined in section 93), pre-sentence detention includes detention in custody overseas, as recorded on a certificate obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992 (including any substitute certificate obtained under that section).

16. Detention that would, under subsection (2) or subsection (3), be pre-sentence detention, is not pre-sentence detention for the purposes of subsection (1) if the offender was, during that detention,—

17. under legal custody in accordance with the Corrections Act 2004 and serving a sentence of imprisonment; or
18. in the case of an extradition offender, detained in custody under a sentence for an offence imposed under the law of the country from where the offender was extradited under the request for extradition.

19. In subsection (5)(a), serving a sentence of imprisonment includes time spent in a prison following an application for a recall order, but only if—

20. a final recall order is made following that application; and
21. the offender was not, immediately before the application for the recall order was made, subject to conditions related to the offender's home detention under a direction of the Board given before the commencement of section 72 of the Parole Amendment Act 2007 or in accordance with that section, whether those conditions were suspended or not.