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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in arranging attendance of person in foreign country - Assistance in obtaining attendance of persons in foreign country

41: Effect of removal to foreign country on prisoner’s term of imprisonment

You could also call this:

"What happens to your prison sentence if you're sent to another country?"

Illustration for Mutual Assistance in Criminal Matters Act 1992

If you are a prisoner serving time in a New Zealand prison for breaking a New Zealand law, and you are released to go to another country because they asked for you under section 38, you are still serving your sentence while you are in custody. This is true even if you are outside New Zealand. You will be deemed to be continuing to serve your term of imprisonment while in custody for the request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274445.

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41A: Effect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence, or

"What happens to your sentence if you're sent to another country to face charges"

Part 3Requests to New Zealand
Assistance in arranging attendance of person in foreign country: Assistance in obtaining attendance of persons in foreign country

41Effect of removal to foreign country on prisoner’s term of imprisonment

  1. Where a prisoner who is serving a term of imprisonment for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a foreign country under section 38, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that term of imprisonment.

Notes
  • Section 41: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).