Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Correction of erroneous sentence

182: Procedure if court corrects erroneous sentence

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If a court finds a sentence is wrong, it can correct it. You can be brought back to court to get a new sentence. The court can send you a summons to come back to court, or it can issue a warrant for your arrest to bring you back to court to get a new sentence.

When the court gives you a new sentence, you can appeal against the conviction or sentence, or both. The time you have to appeal starts from the date you get the new sentence. The court follows the rules set out in section 180 to give you a new sentence.

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 It might be out of date or be missing some parts.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=DLM3865765.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

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

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

Next

183: Transfer to wrong court, or

"What happens if your court case is sent to the wrong court and how it gets moved to the right one"

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

182Procedure if court corrects erroneous sentence

  1. In order for a new sentence to be imposed in accordance with section 180, the court may—

  2. issue a summons to bring the defendant before the court to be sentenced; or
    1. whether or not a summons has been issued or served, issue a warrant to arrest the defendant and bring him or her before the court to be sentenced.

      1. If the court imposes a new sentence, the time for appeal against conviction or sentence, or both, runs from the date of the new sentence.