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Criminal Procedure Act 2011

Procedure before trial - Sentence indications

62: Further provisions relating to giving sentence indication

You could also call this:

"What happens when a court gives a sentence indication and what you can do about it"

Illustration for Criminal Procedure Act 2011

If the court wants to give a sentence indication, you and the prosecutor get to say what you think about it. The court gives a sentence indication in a public courtroom. This means anyone can be there to hear what is said.

When the court gives a sentence indication, it must write it down. This is so there is a record of what was said.

The court can only give another sentence indication if something important has changed. This change must be something that could affect the type or length of the sentence.

You cannot appeal against the court's decision to give or not give a sentence indication. This means you cannot ask a higher court to change the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360117.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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61: Giving sentence indication, or

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

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Part 3Procedure before trial
Sentence indications

62Further provisions relating to giving sentence indication

  1. If the court proposes to give a sentence indication, the court may give the prosecutor and the defendant an opportunity to be heard on the matter.

  2. A sentence indication must be given in open court.

  3. Every sentence indication must be recorded by the court.

  4. A second or subsequent sentence indication may be given in a proceeding only if, since the previous sentence indication, there has been a change in circumstances that is likely to materially affect the question of the appropriate sentence type or quantum.

  5. No party may appeal against a decision to give or not to give a sentence indication.