Plain language law

New Zealand law explained for everyone

Corrections Act 2004

Corrections system - Establishment and operation of prisons - Detention and custody of prisoners

34: Detention of prisoners

You could also call this:

"What happens when you are sent to prison or held by the police"

If you are sentenced to imprisonment, you must serve your sentence in a corrections prison. You might be detained in a Police jail for a short time instead. This can happen for a few reasons, such as if there is not enough room in the corrections prison or if it is not safe for you to be there.

If you are waiting for your trial or sentence, you can be held in custody in a Police jail or a corrections prison. The time you spend in a Police jail is limited, but it can be longer in some cases, such as if the chief executive decides it is necessary, or if a Visiting Justice agrees to it, as stated in section 65(1) or for the purposes of giving effect to an order under section 65(3). The chief executive must talk to the Commissioner of Police before making this decision.

The rules about detention are part of the Corrections Act 2004 and other laws. When the law talks about people sentenced to imprisonment, it includes people who are in prison or have to be detained, except for people who are waiting for their trial or sentence.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM295439.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

33: Manager may make rules for prison, or

"The prison boss can make rules to keep you safe and run the prison smoothly."

Next

34A: Detention of child or young person serving sentence of imprisonment, or

"Rules for detaining kids and young people serving time in a special residence"

Part 2Corrections system
Establishment and operation of prisons: Detention and custody of prisoners

34Detention of prisoners

  1. A person who is sentenced to imprisonment must serve the sentence in a corrections prison.

  2. Despite subsection (1), any person sentenced to imprisonment may be detained in a Police jail on 1 or more occasions for a period not exceeding—

  3. the maximum period of detention; or
    1. any longer period required for the purposes of section 65(1) or for the purposes of giving effect to an order under section 65(3).

      1. A person may be held in custody on remand in—

      2. any Police jail on 1 or more occasions for a period not exceeding—
        1. the maximum period of detention; or
          1. any longer period required for the purposes of section 65(1)(a) or for giving effect to an order under section 65(3); or
          2. any corrections prison designated for the purpose by the chief executive.

            1. Subsections (1) to (3) are subject to the provisions of this Act and any other enactment.

            2. In this section, maximum period of detention, in relation to any prisoner, means—

            3. a period of detention not exceeding 7 days; or
              1. if the chief executive considers that there is a shortage of accommodation in corrections prisons in the relevant area, or that the safety of the prisoner is in danger, one period of detention not exceeding 14 days after the date on which the chief executive authorises that extended period of detention in a Police jail; or
                1. if a Visiting Justice is satisfied, on application by the chief executive after the chief executive has given an authorisation under paragraph (b), that—a period of detention not exceeding 14 days after the date on which the Visiting Justice authorises that extended period of detention in a Police jail.
                  1. there is a shortage of accommodation in corrections prisons in the relevant area or that the safety of the prisoner is in danger; and
                    1. a further period of detention in a Police jail that extends beyond the period authorised under paragraph (b) is justified,—

                    2. The chief executive must consult with the Commissioner of Police before exercising the power conferred by subsection (5)(b).

                    3. In this section, references to persons sentenced to imprisonment include references to persons committed to prison or otherwise liable to be detained in custody, except for the purposes of any remand pending or during trial or sentence.

                    Compare
                    • 1954 No 51 s 12
                    Notes
                    • Section 34(1): amended, on , by section 32 of the Statutes Amendment Act 2016 (2016 No 104).