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Parole Act 2002

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

96: Period between quashed sentence and new sentence does not count as time served

You could also call this:

"Time waiting for a new trial after an old sentence is cancelled doesn't count towards your prison time."

Illustration for Parole Act 2002

If you are given a prison sentence and then that sentence is quashed, you might have to wait for a new trial or hearing. If you are found guilty again and given a new prison sentence, the time between the old sentence being quashed and the new sentence being given does not count as time you have already served. However, if you were held in custody while waiting for the new trial or hearing, that time can count as time served under the new sentence, as stated in section 90.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139376.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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95: Time on bail pending appeal does not count as time served, or

"Time on bail while waiting for an appeal doesn't count towards your sentence time."

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97: Application of this Part to offenders subject to pre-cd sentences, or

"Old prison release rules still apply, but new parole rules kick in after release"

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

96Period between quashed sentence and new sentence does not count as time served

  1. Subsection (2) applies if—

  2. a sentence of imprisonment is passed on the conviction of an offender; and
    1. that conviction is subsequently quashed and a new hearing or a new trial is ordered; and
      1. following a new hearing or a new trial, the offender is again convicted and a new sentence of imprisonment is imposed on the offender.

        1. In the situation described in subsection (1), the period commencing on the quashing of the first sentence and the imposition of the new sentence does not count as time served under the new sentence.

        2. However, this section is subject to section 90 (which means that if the offender is remanded in custody during the period described in subsection (2), that period of pre-sentence detention counts as time served under the subsequent sentence).

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