Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Imprisonment and detention

177: Commencement of sentences

You could also call this:

"When your prison sentence starts"

Illustration for Armed Forces Discipline Act 1971

When you are sentenced to imprisonment or detention under this Act, your sentence starts from the beginning of the day it was given. You might be sentenced by the Court Martial or a disciplinary officer. Your sentence starts on the day it is given. If there is no suitable prison near where you were sentenced, a service authority can decide when your sentence starts. They can say it starts when you arrive at the prison where you will serve your sentence. You will serve your sentence from that day, even if you had already gone back to work or were supposed to be released. If you are found guilty, sentenced, and then your conviction is overturned, you might have a new trial. If you are found guilty again and sentenced, your new sentence starts on the same day your original sentence would have started. The time between your conviction being overturned and your new sentence does not count as part of your 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 It might be out of date or be missing some parts.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.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403845.

This page was last updated on View changes


Previous

176: Provisions as to service prisons and detention quarters outside New Zealand, or

"Rules for military prisons outside New Zealand"


Next

177A: Effect of period spent in custody before being sentenced, or

"Time spent in custody before sentencing counts as part of your sentence"

Part 9Provisions relating to the carrying out of punishments
Imprisonment and detention

177Commencement of sentences

  1. A term of imprisonment or detention to which an offender is sentenced under this Act begins to run from the beginning of the day on which the sentence was passed, whether the sentence was passed by the Court Martial or by a disciplinary officer.

  2. Subsection (1) is subject to the provisions of this Part.

  3. Where any person has been sentenced to imprisonment or detention under this Act and there is no appropriate prison or service penal establishment in which he may serve the sentence at or near the place where he was sentenced, a competent service authority may direct that the term or period of the sentence shall begin to run from the beginning of the day on which he is delivered to the prison manager or other person in charge of the prison or establishment at which the authority has decided that he shall serve his sentence; and in that event he shall serve his sentence accordingly notwithstanding that he may previously have returned to duty or become entitled to be discharged: provided that any such term of imprisonment or detention shall be reduced by deducting any period for which he has been kept in confinement in respect of the sentence before being delivered as aforesaid.

  4. Where—

  5. a sentence of imprisonment or detention is passed by the Court Martial on the conviction of any person; and
    1. that conviction is subsequently quashed and a new trial ordered; and
      1. following the new trial the person is again convicted and sentenced to imprisonment or detention,—
        1. the term of the new sentence shall be deemed to have commenced or shall commence on the date on which the term of the original sentence commenced or would have commenced; but the period commencing with the quashing of the conviction and ending with the imposition of the new sentence shall not count as part of the new sentence.

        Notes
        • Section 177(1): substituted, on , by section 51(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
        • Section 177(1A): inserted, on , by section 51(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
        • Section 177(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 177(3): added, on , by section 32 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
        • Section 177(3)(a): amended, on , by section 51(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).