Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions

376: Person sentenced, etc, deemed to be convicted

You could also call this:

"Being sentenced means you're considered guilty, even if the court doesn't say it."

Illustration for Criminal Procedure Act 2011

If a court decides to sentence you or make a special order under section 108 or section 110 of the Sentencing Act 2002, but does not say you are guilty, you are still considered guilty. This happens unless the court says otherwise or another part of this Act says something different. The court's decision to sentence you or make a special order is what matters in this situation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360593.


Previous

375: Conviction not to be recorded for infringement offences, or

"No conviction is recorded if you break a rule and have to pay a fine."


Next

377: Restitution of property, or

"Getting stolen property back to its rightful owner"

Part 8Miscellaneous and transitional provisions
Miscellaneous provisions

376Person sentenced, etc, deemed to be convicted

  1. Except as otherwise ordered by the court or as specifically provided under any other provision of this Act, if a court proceeds to sentence a defendant or make an order under section 108 or 110 of the Sentencing Act 2002 but does not make an order convicting the defendant, the defendant is deemed to be convicted.