Sentencing and Parole Reform Act 2010

1: Title
This Act is the Sentencing and Parole Reform Act 2010.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: Despite subsection (1), section 17(2) section 49
3: Purpose
The purpose of this Act is to—
a: deny parole to certain repeat offenders and to offenders guilty of the worst murders:
b: impose maximum terms of imprisonment on persistent repeat offenders who continue to commit serious violent offences.
1: Amendments to Sentencing Act 2002
4: Principal Act amended
This Part amends the Sentencing Act 2002 2010-06-01 Sentencing Act 2002
5: Interpretation
The definition of minimum period of imprisonment section 4(1) section 86 or section 89 or section 103 section 86, 86D(4), 86E(4)(a)
6: New sections 86A to 86I and heading inserted
1: The following heading and sections are inserted after section 86 Additional consequences for repeated serious violent offending
86A: Interpretation
In this section and in sections 86B to 86I record of final warning section 86C(3) 86E(8) record of first warning section 86B(3) serious violent offence
1: section 128B (sexual violation):
2: section 129 (attempted sexual violation and assault with intent to commit sexual violation):
3: section 129A(1) (sexual connection with consent induced by threat):
4: section 131(1) (sexual connection with dependent family member under 18 years):
5: section 131(2) (attempted sexual connection with dependent family member under 18 years):
6: section 132(1) (sexual connection with child):
7: section 132(2) (attempted sexual connection with child):
8: section 132(3) (indecent act on child):
9: section 134(1) (sexual connection with young person):
10: section 134(2) (attempted sexual connection with young person):
11: section 134(3) (indecent act on young person):
12: section 135 (indecent assault):
13: section 138(1) (exploitative sexual connection with person with significant impairment):
14: section 138(2) (attempted exploitative sexual connection with person with significant impairment):
15: section 142A (compelling indecent act with animal):
16: section 144A (sexual conduct with children and young people outside New Zealand):
17: section 172 (murder):
18: section 173 (attempted murder):
19: section 174 (counselling or attempting to procure murder):
20: section 175 (conspiracy to murder):
21: section 177 (manslaughter):
22: section 188(1) (wounding with intent to cause grievous bodily harm):
23: section 188(2) (wounding with intent to injure):
24: section 189(1) (injuring with intent to cause grievous bodily harm):
25: section 191(1) (aggravated wounding):
26: section 191(2) (aggravated injury):
27: section 198(1) (discharging firearm or doing dangerous act with intent to do grievous bodily harm):
28: section 198(2) (discharging firearm or doing dangerous act with intent to injure):
29: section 198A(1) (using firearm against law enforcement officer, etc):
30: section 198A(2) (using firearm with intent to resist arrest or detention):
31: section 198B (commission of crime with firearm):
32: section 200(1) (poisoning with intent to cause grievous bodily harm):
33: section 201 (infecting with disease):
34: section 208 (abduction for purposes of marriage or sexual connection):
35: section 209 (kidnapping):
36: section 232(1) (aggravated burglary):
37: section 234 (robbery):
38: section 235 (aggravated robbery):
39: section 236(1) (causing grievous bodily harm with intent to rob or assault with intent to rob in specified circumstances):
40: section 236(2) (assault with intent to rob) stage-1 offence
a: is a serious violent offence; and
b: was committed by an offender at a time when the offender—
i: did not have a record of first warning given under section 86B
ii: was 18 years of age or over stage-2 offence
a: is a serious violent offence; and
b: was committed by an offender at a time when the offender had a record of first warning (in relation to 1 or more offences) but did not have a record of final warning stage-3 offence
a: is a serious violent offence; and
b: was committed by an offender at a time when the offender had a record of final warning (in relation to 1 or more offences).
86B: Stage-1 offence: offender given first warning
1: When a court, on any occasion, convicts an offender of 1 or more stage-1 offences, the court must at the same time—
a: warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning (whether or not that further serious violent offence is different in kind from any stage-1 offence for which the offender is being convicted); and
b: record, in relation to each stage-1 offence, that the offender has been warned in accordance with paragraph (a)
2: It is not necessary for a Judge to use a particular form of words in giving the warning.
3: On the entry of a record under subsection (1)(b)
4: The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (1)(a)
86C: Stage-2 offence other than murder: offender given final warning and must serve full term of imprisonment
1: When, on any occasion, a court convicts an offender of 1 or more stage-2 offences other than murder, the court must at the same time—
a: warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning (whether or not that further serious violent offence is different in kind from any stage-2 offence for which the offender is being convicted); and
b: record, in relation to each stage-2 offence, that the offender has been warned in accordance with paragraph (a)
2: It is not necessary for a Judge to use a particular form of words in giving the warning.
3: On the entry of a record under subsection (1)(b)
4: If the sentence imposed on the offender for any stage-2 offences is a determinate sentence of imprisonment, the court must order that the offender serve the full term of the sentence and, accordingly, that the offender,—
a: in the case of a long-term sentence (within the meaning of the Parole Act 2002), serve the sentence without parole; and
b: in the case of a short-term sentence (within the meaning of the Parole Act 2002), not be released before the expiry of the sentence.
5: If the sentence imposed on the offender for 1 or more stage-2 offences is a short-term sentence (within the meaning of the Parole Act 2002) and any conditions are imposed on the offender under section 93, then, despite anything in that section, those conditions take effect on the sentence expiry date (within the meaning of the Parole Act 2002).
6: If, but for the application of this section, the court would have ordered, under section 86, that the offender serve a minimum period of imprisonment, the court must state, with reasons, the period that it would have imposed.
7: The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (1)(a)
86D: Stage-3 offences other than murder: offender sentenced to maximum term of imprisonment
1: Despite any other enactment,—
a: a defendant who is committed for trial for a stage-3 offence must be committed to the High Court for that trial; and
b: no court other than the High Court, or the Court of Appeal or the Supreme Court on an appeal, may sentence an offender for a stage-3 offence.
2: Despite any other enactment, if, on any occasion, an offender is convicted of 1 or more stage-3 offences other than murder, the High Court must sentence the offender to the maximum term of imprisonment prescribed for each offence.
3: When the Court sentences the offender under subsection (2)
4: Despite subsection (3)
5: If the Court does not make an order under subsection (3) subsection (4) subsection (4)
6: If the Court imposes a sentence under subsection (2)
7: Despite subsection (2)
a: subsections (2) to (5)
b: the minimum period of imprisonment that the Court imposes on the offender under section 89(1) must not be less than the term of imprisonment that the Court would have imposed under subsection (2)
8: If, in reliance on subsection (7)(b) subsection (2)
86E: When murder is a stage-2 or stage-3 offence
1: This section applies if—
a: an offender is convicted of murder; and
b: that murder is a stage-2 offence or a stage-3 offence.
2: If this section applies, the court must—
a: sentence the offender to imprisonment for life for that murder; and
b: order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.
3: If the court does not make an order under subsection (2)(b)
4: If the court does not make an order under subsection (2)(b)
a: if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and
b: if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a)
5: If, in the case of a stage-3 offence, the court imposes under subsection (4)(a)
6: If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b)
a: warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and
b: record that the offender has been warned in accordance with paragraph (a)
7: It is not necessary for a Judge to use a particular form of words in giving the warning.
8: On the entry of a record under subsection (6)(b)
9: The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a)
86F: Continuing effect of warnings
1: An offender continues to have a record of first warning or a record of final warning regardless of whether the offender has served or otherwise completed the sentence imposed on the offender for the offence (including, without limitation, any sentence imposed under section 86D or 86E
2: However, an offender ceases to have a record of first warning or a record of final warning if, on an appeal, an appellate court—
a: quashes all the convictions to which the relevant record relates; and
b: does not replace 1 or more of those quashed convictions with a conviction for another serious violent offence.
3: If the appellate court quashes a conviction to which a record of first warning or a record of final warning relates, the appellate court must order that the record of the warning be cancelled in respect of that conviction.
4: If the appellate court replaces a conviction (the quashed conviction substituted conviction
a: to relate to the substituted conviction; and
b: to have taken effect on the date on which the record that related to the quashed conviction took effect.
5: If, in accordance with subsection (2)
a: the appellate court must order that a record of first warning replace that record of final warning; and
b: that replacement record of first warning is deemed to have taken effect on the date on which the record of final warning took effect.
6: Subsection (3) subsection (4)
86G: Consequences of cancellation of record on later sentences
1: This section applies where,—
a: in accordance with section 86F(2) previous record
b: the offender continues to be subject to a sentence (a later sentence sections 86C, 86D, or 86E
2: The appellate court must take the actions described in this section that are applicable to the case or remit the matter to the court that sentenced the offender with a direction to take those actions.
3: The appropriate court must take the following actions:
a: if the later sentence would not have been imposed but for the previous record, the court must set aside the later sentence and replace it with a sentence that the court would have imposed had the offender not been subject to the previous record:
b: if any order relating to the later sentence would not have been made but for the previous record, the court must cancel the order and, where appropriate, replace it with an order that the court would have made had the offender not been subject to the previous record:
c: if the court considers it just to make any consequential orders, the court must make those orders.
4: Without limiting the generality of subsection (3) section 86F(2)
a: cancel any order imposed on the offender in respect of those stage-2 offences under section 86C(4)
b: if the court considers it appropriate to do so, impose a minimum period of imprisonment under section 86 in respect of those stage-2 offences, taking into account any indication given by the sentencing court under section 86C(6)
c: in the case of a stage-2 offence that is murder, cancel any sentence or order imposed on the offender under section 86E(2)
5: Without limiting the generality of subsection (3) section 86F(2)
a: if the offender has been sentenced under section 86D section 86C
b: in the case of a stage-3 offence that is murder, cancel any order made under section 86E(4)(a) section 86E(4)(b)
6: Without limiting the generality of subsection (3) section 86F(2)
a: if the offender has been sentenced under section 86D
b: in the case of a stage-3 offence that is murder, cancel any sentence or order imposed on the offender under section 86E(2) section 86E(4)
c: administer a first warning to the offender by taking the action described in section 86B(1)
86H: Appeal against orders relating to imprisonment
For the purposes of Part 13 of the Crimes Act 1961, an order under section 86D(3) or (4), or 86E(2)(b) or
86I: Sections 86B to 86E prevail over inconsistent provisions
A provision contained in sections 86B to 86E
2: Sections 86C(6) 86G(4)(b) section 46
7: Imposition of minimum period of imprisonment
Section 89
2A: In any case where a sentence of preventive detention is imposed for a stage-3 offence (within the meaning of section 86A 86D(7)
8: Presumption in favour of life imprisonment for murder
Section 102
3: This section is subject to section 86E(2)
9: Heading above section 103 amended
The heading above section 103 or imprisonment without parole
10: Imposition of minimum period of imprisonment if life imprisonment imposed for murder
1: The heading to section 103 or imprisonment without parole minimum period of imprisonment
2: Section 103
1: If a court sentences an offender convicted of murder to imprisonment for life it must,—
a: if section 86E(1)
i: order that the offender serve a minimum period of imprisonment under that sentence; or
ii: if subsection (2A)
b: in any case where section 86E(1)
3: Section 103
2A: If the court that sentences an offender convicted of murder to imprisonment for life is satisfied that no minimum term of imprisonment would be sufficient to satisfy 1 or more of the purposes stated in subsection (2), the court may order that the offender serve the sentence without parole.
2B: The court may not make an order under subsection (2A)
4: Section 103(7) This section Subsection (2)
11: Imposition of minimum period of imprisonment of 17 years or more
Section 104
2: This section does not apply to an offender in respect of whom an order under section 86E(2)(b) or (4)(a) or 103(2A)
12: Transitional provision
1: Sections 86A to 86I section 6
2: Section 103(2A) section 10
13: Consequential amendments to other Acts
The Acts specified in the Schedule 2010-06-01 Crimes Act 1961 District Courts Act 1947 Evidence Act 2006 Summary Proceedings Act 1957
2: Amendments to Parole Act 2002
14: Principal Act amended
This Part amends the Parole Act 2002 2010-06-01 Parole Act 2002
15: Parole eligibility date
Section 20
5: If an offender is required, by an order under section 86C(4) or 86D(3)
a: does not have a parole eligibility date in respect of the sentence; and
b: may not be released on parole in respect of that sentence.
6: If an offender is required, by an order under section 86E(2) or 103(2A)
7: This subsection applies to an offender who is subject to a sentence ( sentence A section 86C(4) or 86D(3) sentence B
8: For the purpose of determining the parole eligibility date (if any) of sentence B of an offender to whom subsection (7)
16: Non-parole periods
1: Section 84(2) section 86D(4), section 86E(4), section 86
2: Section 84
3: The non-parole period of a sentence of imprisonment for life is 10 years, unless the court—
a: has imposed a minimum term of imprisonment in respect of that sentence; or
b: has made an order under section 86E(2) or 103(2A)
3A: An offender who is subject to an order under section 86E(2) or 103(2A)
3: Section 84(5)
ab: every sentence in respect of which an order under section 86C(4) or 86D(3) .
17: Release date of sentence
1: Section 86
1A: Subsection (1) does not apply to a short-term sentence in respect of which an order has been made under section 86C(4)(b)
2: Section 86 section 49
2A: Subsection (2) does not apply to a short-term sentence in respect of which an order has been made under section 86C(4)(b)
3: Subsection (2) comes into force on the commencement of section 49 The commencement of s 49 of the Parole Amendment Act 2007 Parole Act 2002 See 17(3) above. S 17(2) comes into force when s 49 of the Parole Amendment Act 2007 is in force. Note in that Act to advise.