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Parole Act 2002

Parole and other release from detention - Transitional arrangements for offenders subject to pre-cd sentences - General rules

102: Suspended sentences

You could also call this:

"What happens if your prison sentence is delayed, but then you have to serve it"

Illustration for Parole Act 2002

If you have a suspended sentence, this section applies to you. This happens if a judge made an order before a certain date to suspend your prison sentence under section 21A(1) of the Criminal Justice Act 1985, and then another order was made after that date to start your sentence under section 21A(4) of that Act. The order to start your sentence is made possible by section 155 of the Sentencing Act 2002.

When working out your sentence, the start date is the day the order to start your sentence is made under section 21A(4) of the Criminal Justice Act 1985. Your sentence is treated as a short-term sentence that started after a certain date. This means you will serve your sentence as if it started on the day the order was made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139386.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1Parole and other release from detention
Transitional arrangements for offenders subject to pre-cd sentences: General rules

102Suspended sentences

  1. This section applies if,—

  2. before the commencement date, an order was made under section 21A(1) of the Criminal Justice Act 1985 suspending a sentence of imprisonment; and
    1. after the commencement date, an order is made under section 21A(4) of that Act (as continued for this purpose by section 155 of the Sentencing Act 2002) bringing the suspended sentence into effect.

      1. For the purposes of sentence calculation, the start date of the suspended sentence is the date on which the order under section 21A(4) of the Criminal Justice Act 1985 is made, and the sentence is deemed to be a short-term sentence imposed after the commencement date.