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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Correction of erroneous sentence

181: Application of chief executive of Department of Corrections to correct erroneous sentence

You could also call this:

"Fixing a wrong sentence given by a court, applied for by the Department of Corrections boss."

Illustration for Criminal Procedure Act 2011

The chief executive of the Department of Corrections can make an application to correct a sentence that is wrong. You can think of a sentence as a punishment given by a court. The chief executive can make this application if the sentence is for imprisonment, home detention, or a community-based sentence.

The chief executive needs to follow the rules set out in section 180(1) to make this application. This includes sentences that are defined in the Sentencing Act 2002, such as imprisonment, which is explained in section 4 of that Act.

When the chief executive makes this application, they must tell the prosecutor and the offender about it, so everyone knows what is happening.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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180: Court may correct erroneous sentence, or

"The court can fix a sentence that is wrong by law and give a new one."

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182: Procedure if court corrects erroneous sentence, or

"What happens if a court fixes a mistake in your sentence and you need a new one."

Part 5General provisions
Conduct of proceeding: Correction of erroneous sentence

181Application of chief executive of Department of Corrections to correct erroneous sentence

  1. The chief executive of the Department of Corrections may make an application under section 180(1) if the sentence that was imposed or that the chief executive alleges ought to have been imposed is—

  2. a sentence of imprisonment within the meaning of section 4 of the Sentencing Act 2002:
    1. a sentence of home detention:
      1. a community-based sentence.

        1. The chief executive of the Department of Corrections must give notice of the application to the prosecutor and the offender.