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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Defendants who plead guilty or are found guilty

116: Effect of sentence indication

You could also call this:

"What happens when a judge warns you about your possible sentence if you plead guilty to a crime?"

Illustration for Criminal Procedure Act 2011

If you plead guilty to a crime, a judge might give you a sentence indication. This is like a warning about what your sentence might be. The sentence indication is given under section 61. You must plead guilty within a certain time for the sentence indication to apply. The judge who gave the sentence indication must follow it when they sentence you.

But the judge does not have to follow the sentence indication if they get new information after giving it. This new information must be important and change the reason for the sentence indication. The judge must think the new information is important before they can change the sentence.

If a different judge is sentencing you, they do not have to follow the sentence indication. Only the judge who gave the sentence indication has to follow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360203.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 5General provisions
Conduct of proceeding: Defendants who plead guilty or are found guilty

116Effect of sentence indication

  1. This section applies to a sentence indication given under section 61 if the defendant pleads guilty to the offence in respect of which it was given within the period that it has effect.

  2. The sentence indication is binding on the judicial officer that gave it unless—

  3. information becomes available to the court after the sentence indication was given but before sentencing; and
    1. the judicial officer is satisfied that the information materially affects the basis on which it was given.

      1. The sentence indication is not binding on a judicial officer other than the judicial officer who gave the indication.