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Parole Act 2002

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

92: Procedure for recording length of pre-sentence detention

You could also call this:

"How your time in detention is recorded and checked"

Illustration for Parole Act 2002

When you are in a detention place, like a prison or hospital, the person in charge must keep a record of your time there. They must record the date you arrived and how long you stayed before you were sentenced. You will get a copy of this record after you are sentenced.

If you think the record is wrong, you can ask the person in charge to review it. They will look at the record and tell you if it is correct or if they need to change it. If you are still not happy, you can appeal to the court that sentenced you, using the rules in subpart 4 of Part 6 of the Criminal Procedure Act 2011.

Some people, like extradition offenders, can also ask for a review and appeal of their record. They can do this in the same way as anyone else who is not happy with their record. The person in charge of the detention place must follow the same rules for everyone.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139362.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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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."

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93: Definition of extradition offender and ICC offender and MACM offender, or

"What it means to be an extradition, ICC, or MACM offender in New Zealand law"

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

92Procedure for recording length of pre-sentence detention

  1. The person who is in charge of a prison, social welfare residence, hospital, or secure facility referred to in section 91(2) (in this section referred to as a detention place) must keep a record of—

  2. the date on which a person is admitted to the detention place on detention as referred to in section 91(2); and
    1. the total period during which the person is subsequently detained before sentence in that detention place, whether on the original charge or any other charge.

      1. After sentencing, the person in charge of the detention place (other than a Police jail) must supply the offender with a copy of the record kept under subsection (1) and, if the offender disputes the accuracy of the record, he or she may apply to the person who made it to review it.

      2. A person in charge of a detention place (other than a Police jail) who receives an application under subsection (2) must immediately review the record and, having reviewed it, must notify the offender in writing of—

      3. whether the record is confirmed; or
        1. the manner in which the record is amended.

          1. If the offender is dissatisfied with the outcome of the review, he or she may appeal the review to the court that imposed the sentence, in which case subpart 4 of Part 6 of the Criminal Procedure Act 2011 applies so far as it is applicable and with any necessary modifications, to the appeal.

          2. An extradition offender or an ICC offender or a MACM offender (as defined in section 93) may exercise the rights in this section to review and appeal a record of pre-sentence detention (as recorded on their relevant certificates) in the same way as any other offender may seek a review and appeal against a determination of the record of pre-sentence detention.

          Compare
          Notes
          • Section 92(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
          • Section 92(1): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
          • Section 92(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 92(5): amended, on , by section 18(2) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).