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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Conservation of the peace

371: Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made

You could also call this:

"You can be released from prison if the person you were supposed to stay away from dies, and you were in prison because you couldn't find someone to vouch for you."

Illustration for Criminal Procedure Act 2011

If you are in prison because you did not find a surety, you might be released. This can happen if the person who needed protection from you dies. You must be in prison because you did not find a surety for the District Court. The District Court can decide to release you from prison without needing a surety. You can find more information about this in the District Court Act. The District Court Judge makes the decision to release you. You will be released from custody if the District Court decides to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360587.

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Part 8Miscellaneous and transitional provisions
Conservation of the peace

371Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made

  1. This section applies if—

  2. the person for whose protection the District Court has required the defendant to find a surety or sureties of the peace dies; and
    1. the defendant is then in a prison in default of finding the surety or sureties.

      1. The District Court presided over by a District Court Judge may, if it thinks fit, order that the defendant be released from custody without finding the surety or sureties.

      Compare
      Notes
      • Section 371(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 371(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).