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New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Sentence or process

28: Sentence or process without jurisdiction

You could also call this:

“Legal protection for people carrying out sentences or warrants, even if the court or person giving the order made a mistake”

You are protected from being charged with a crime if you are an officer, prison manager, or someone helping them carry out a sentence, process, or warrant, as long as you act in good faith. This protection applies even if there are problems with the authority behind the sentence or warrant.

You need to believe that the sentence or process came from a court that had the right to make that decision. For warrants, you need to believe they came from a court, Justice, Community Magistrate, or someone else who can issue warrants.

It must be shown that the person who gave the sentence or issued the process was acting as if they were a court. They need to have had some kind of appointment or permission that allowed them to act as a court. For warrants, the person issuing it must have been acting as if they had the authority to do so.

You are still protected even if:

  1. The appointment or permission didn’t exist or had run out.
  2. The court or person wasn’t actually the right one to make the decision or issue the process.
  3. The person who issued the warrant wasn’t really allowed to do so.

This protection is in place to make sure that people carrying out official duties can do their job without worrying about getting in trouble if there are problems with the paperwork or authority behind their actions.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328238.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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27: Execution of erroneous sentence or process, or

“Carrying out a wrong sentence or legal action is still allowed if done by the right people”

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29: Irregular warrant or process, or

“Explains when someone can be protected from punishment for following a faulty legal document”

Part 3 Matters of justification or excuse
Sentence or process

28Sentence or process without jurisdiction

  1. Every officer, prison manager, or person executing any sentence, process, or warrant, and every person lawfully assisting him or her, shall be protected from criminal responsibility if—

  2. he or she acts in good faith under the belief that the sentence or process was that of a court having jurisdiction, or, as the case may be, that the warrant was that of a court, Justice, Community Magistrate, or other person having authority to issue warrants; and
    1. it is proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorising him or her to act as such a court, or, as the case may require, that the person issuing the warrant acted as a Justice, Community Magistrate, or other person having authority to do so.

      1. This section shall apply notwithstanding that, in fact,—

      2. any such appointment or commission as aforesaid did not exist or had expired; or
        1. the court or the person passing the sentence or issuing the process was not the court or the person authorised by the appointment or commission to act; or
          1. the person issuing the warrant was not duly authorised to issue it.

            Compare
            • 1908 No 32 s 48
            Notes
            • Section 28(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
            • Section 28(1)(a): amended, on , by section 3(a) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).
            • Section 28(1)(b): amended, on , by section 3(b) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).