Plain language law

New Zealand law explained for everyone

Criminal Investigations (Bodily Samples) Act 1995

Preliminary provisions

4A: Detained under sentence of imprisonment

You could also call this:

"What it means to be detained in prison after being convicted of a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You are detained under a sentence of imprisonment if you have been convicted of a crime and are in prison. You can also be detained in a residence run by the department responsible for the Oranga Tamariki Act 1989. You might be in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992. You are still detained under a sentence of imprisonment if you are serving cumulative sentences of imprisonment. This can include a sentence of imprisonment for a crime, even if you have not started serving that part of the sentence yet. You are also detained if you are serving a concurrent sentence of imprisonment. But you are not detained under a sentence of imprisonment if you are serving your sentence by way of home detention. You are also not detained if you are subject to residential restrictions or if you are in prison because of an interim recall order.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369024.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyHealth and wellbeing > Mental health
Previous

4: Application, or

"When the law applies to crimes"

Next

4B: Approval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples, or

"Who can take mouth swab samples and what training they need"

Part 1Preliminary provisions

4ADetained under sentence of imprisonment

  1. For the purposes of section 4 and Part 3, a person is detained under a sentence of imprisonment if he or she has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and in relation to that offence he or she is detained under a sentence of imprisonment—

  2. in a prison; or
    1. in a residence administered by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; or
      1. in, or on leave from, a hospital—
        1. under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
          1. following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
            1. under an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or
            2. in, or on leave from, a secure facility—
              1. following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
                1. under an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

                2. To avoid doubt, a person is detained under a sentence of imprisonment under subsection (1) if he or she is detained in any manner described in that subsection,—

                3. under cumulative sentences of imprisonment (treated as 1 term under section 92(2) of the Criminal Justice Act 1985) or a notional single sentence (as that term is defined under section 4(1) of the Parole Act 2002), a sentence of imprisonment within which, or a component of which, is for an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, whether or not he or she has—
                  1. reached the start date of the sentence or component that relates to the offence; or
                    1. passed the release date of the sentence or component that relates to the offence; or
                    2. under a concurrent sentence of imprisonment imposed on him or her before he or she was released from an earlier sentence of imprisonment imposed for an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1.

                      1. To avoid doubt, a person is not detained under a sentence of imprisonment under subsection (1) if he or she has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and in relation to that offence he or she is—

                      2. serving a sentence of imprisonment by way of home detention; or
                        1. subject to residential restrictions imposed under section 15 of the Parole Act 2002; or
                          1. detained in a prison subject to an interim recall order.

                            Notes
                            • Section 4A: inserted, on , by section 8 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 4A(1): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                            • Section 4A(1): amended, on , by section 4(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(1)(a): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                            • Section 4A(1)(b): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                            • Section 4A(1)(c): substituted, on , by section 50(3) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
                            • Section 4A(1)(d): added, on , by section 50(3) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
                            • Section 4A(2)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                            • Section 4A(2)(a): amended, on , by section 4(2)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(2)(a)(i): amended, on , by section 4(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(2)(a)(ii): amended, on , by section 4(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(2)(b): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                            • Section 4A(2)(b): amended, on , by section 4(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(3): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                            • Section 4A(3): amended, on , by section 4(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                            • Section 4A(3)(ab): inserted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                            • Section 4A(3)(b): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).