Criminal Procedure Act 2011

Procedure before trial - Sentence indications

60: Meaning of sentence indication

You could also call this:

"What might happen to you if you plead guilty to a crime: a guide to sentence indication"

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When you are in court, you might hear the judge say something called a sentence indication. A sentence indication is when the court tells you what might happen if you plead guilty to the crime you are accused of. The court will say if they would or would not give you a certain type of sentence, like a particular punishment.

The court can give you an idea of the type of sentence you might get, or the type of sentence within a certain range, like a certain amount of time or money. They can also tell you the exact type and amount of sentence you might get, like a specific number of months in prison or a specific fine. This helps you understand what could happen if you plead guilty to the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360114.


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59: Judge may direct case management procedure for category 1 offence, or

"A Judge can help manage your case if you're charged with a serious offence and plead not guilty."


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61: Giving sentence indication, or

"Asking the court to estimate your punishment before the trial starts"

Part 3Procedure before trial
Sentence indications

60Meaning of sentence indication

  1. A sentence indication is a statement by the court that, if the defendant pleads guilty to the offence alleged in the charge, or any other specified offence, at that time, the court would or would not (as the case may be) be likely to impose on the defendant—

  2. a sentence of a particular type or types; or
    1. a sentence of a particular type or types within a specified range (for example, periods of time or monetary amounts); or
      1. a sentence of a particular type or types and of a particular quantum (for example, periods of time or monetary amounts).