Sentencing Amendment Act 2004

1: Title
1: This Act is the Sentencing Amendment Act 2004.
2: In this Act, the Sentencing Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
3: Proof of facts
Section 24(2)(c) negate beyond a reasonable doubt
4: Court may order reparation report
1: Section 33(1) should be imposed may be appropriate
2: Section 33(1)
a: inserting in paragraph (b) and the value of
b: inserting in paragraph (c)(i) nature and value
5: Conditions of sentence of reparation
Section 36 subsections (2) (3)
2: The court may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court is satisfied that the offender has sufficient means to pay it immediately.
3: If the court imposes a condition on a sentence of reparation that it must be paid immediately in 1 lump sum, section 83(2) of the Summary Proceedings Act 1957 section 83(1) of that Act
6: Cumulative and concurrent sentences of imprisonment
Section 83 subsection (2)
2: Despite subsection (1)
7: Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
Section 86 subsections (2) (3)
2: The court may impose a minimum period of imprisonment that is longer than the period otherwise applicable under section 84(1) of the Parole Act 2002
a: holding the offender accountable for the harm done to the victim and the community by the offending:
b: denouncing the conduct in which the offender was involved:
c: deterring the offender or other persons from committing the same or a similar offence:
d: protecting the community from the offender.
8: Sentence of preventive detention
Section 87(5)(b) 237 236
9: Imposition of conditions on release of offender sentenced to imprisonment for short term
1: Section 93 subsections (1) (2)
1: A court that sentences an offender to a term of imprisonment of 12 months or less may impose the standard conditions and any special conditions on the offender and, if it does so, must specify when the conditions expire.
2: If a court sentences an offender to a teen of imprisonment of more than 12 months but not more than 24 months,—
a: the standard conditions apply to the offender until the sentence expiry date, unless the court specifies otherwise; and sections 94, 95, and 96
b: the court may at the same time impose any special conditions on the offender and, if it does so, must specify when the conditions expire.
2A: The court may specify that conditions imposed under this section expire on—
a: the sentence expiry date; or
b: the date that is a specified period before the sentence expiry date; or
c: the date that is a specified period of up to 6 months after the sentence expiry date.
2B: In this section,— sentence expiry date section 4 of the Parole Act 2002 special conditions section 15(3) of the Parole Act 2002 section 15(3)(f) of that Act standard conditions section 14(1) of the Parole Act 2002
2: Section 93(7)
10: Court must consider granting offender leave to apply for home detention in certain cases
Section 97 subsection (3)
3: The court may grant the offender leave to apply to the New Zealand Parole Board under section 33 of the Parole Act 2002
a: the nature and seriousness of the offence; and
b: the circumstances and background of the offender; and
c: any relevant matters in the victim impact statement in the case.
11: Court may defer start date of sentence of imprisonment
1: Section 100(1) paragraph (b)
b: if the court has given leave for the offender to apply for home detention and it is satisfied that there are exceptional circumstances justifying deferral of the start of the sentence.
2: Section 100 subsection (3)
3A: The Bail Act 2000
3: Section 100(4) ; or paragraph (b)
c: an order under this section has already been made in respect of the sentence; or
d: the offender has already commenced serving the sentence or is detained under any other sentence or order.
12: Imposition of minimum period of imprisonment if life imprisonment imposed for murder
Section 103 subsections (1) to (6)
1: If a court sentences an offender convicted of murder to imprisonment for life it must order that the offender serve a minimum period of imprisonment under that sentence.
2: The minimum term of imprisonment ordered may not be less than 10 years, and must be the minimum term of imprisonment that the court considers necessary to satisfy all or any of the following purposes:—
a: holding the offender accountable for the harm done to the victim and the community by the offending:
b: denouncing the conduct in which the offender was involved:
c: deterring the offender or other persons from committing the same or a similar offence:
d: protecting the community from the offender.
13: Discharge without conviction
Section 106 subsection (3)
3A: If the court is considering making an order under subsection (3)(b) section 33
14: Conviction and discharge
Section 108 subsection (2)
2A: If the court is considering making an order under subsection (2)(b) section 33
15: Order to come up for sentence if called on
Section 110 subsection (3)
3A: If the court is considering making an order under subsection (3)(b) section 33
16: Application for review of non-association order
Section 121(4) section 119 section 120
17: Confiscation of motor vehicle after second offence
Section 129(1)(a)
a: inserting, after the expression 36A(1)(a) or (c), 39(1),
b: inserting, after the expression 61(1), 61(2)
c: inserting, after the words Land Transport Act 1998 or section 171 of the Crimes Act 1961
18: Sentence not invalidated by mistake in age of offender
Section 143 subsections (1) (2)
1: A sentence imposed on an offender for a particular offence is not invalid by reason only of the fact that the offender was, at the time when the offence was committed, under the age at which he or she was liable to the sentence imposed.
2: If a sentence to which subsection (1) Amendment to
Misuse of Drugs Act 1975
19: Amendment to
Misuse of Drugs Act 1975 The Misuse of Drugs Act 1975 section 32(5) Schedule 1
5: If an order for forfeiture is made under subsection (4) Sentencing Act 2002
a: section 127
b: section 128 subsection (2)
c: sections 130 to 136
d: section 137 paragraphs (c) and (d) of subsection (3) subsection (3)(a) and (b)
e: sections 138 to 142 Amendments to
Bail Act 2000 Corrections Act 2004 section 100
20: Conditions of bail
Section 31(1) Bail Act 2000 section 32 and to sections 39A and 65A
21: Failure to answer bail
Section 37 Bail Act 2000 ; or paragraph (b)
c: fails without reasonable excuse to comply with. any condition imposed under section 39A(3)
22: New heading and new
section 39A Bail Act 2000 The Bail Act 2000 section 39 Bail on deferment of sentence
39A: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender following summary conviction is deferred under section 100 of the Sentencing Act 2002
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if he or she has been given leave to apply for home detention,—
i: apply, within 2 weeks of the bail being granted, for home detention in accordance with section 33(1) of the Parole Act 2002
ii: appear at any hearing by the New Zealand Parole Board of that application; and
b: surrender himself or herself to the Superintendent of the penal institution concerned at the expiry of the period of the deferral, being the period specified by the court or the period ending with the date on which the New Zealand Parole Board determines the application for home detention, whichever is sooner.
4: The provisions of sections 31 to 38, and 41 to 44
5: If any decision is made under section 34(1) subsection (4) section 41(3) to (6) and section 42
23: Failure to answer bail
Section 62 Bail Act 2000 ; or paragraph (b)
c: fails without reasonable excuse to comply with any condition imposed under section 65A(3)
24: New heading and new
section 65A Bail Act 2000 The Bail Act 2000 section 65 Bail on deferment of sentence
65A: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender following conviction on indictment is deferred under section 100 of the Sentencing Act 2002
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if he or she has been given leave to apply for home detention,—
i: apply, within 2 weeks of the bail being granted, for home detention in accordance with section 33(1) of the Parole Act 2002
ii: appear at any hearing by the New Zealand Parole Board of that application; and
b: surrender himself or herself to the Superintendent of the penal institution concerned at the expiry of the period of the deferral, being the period specified by the court or the period ending with the date on which the New Zealand Parole Board determines the application for home detention, whichever is sooner.
4: The following provisions, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant who had been granted bail:—
a: in the case of an offender granted bail by a District Court, sections 31 to 38, and 41 to 44
b: in the case of an offender granted bail by the High Court or the Court of Appeal, sections 56 to 63 and sections 66 to 69
5: If any decision is made under section 34(1) subsection (4)(a) section 41(3) to (6) and section 42
6: If any decision is made under section 57(1) subsection (4)(b) sections 66 and 67
25: Consequential amendments to
Corrections Act 2004 The item relating to the Bail Act 2000 in Schedule 2 Corrections Act 2004
a: omitting from the first item the words and 33(1) 33(1), 39A(3)(b), and 65A(3)(b)
b: inserting in the second item, after the expression 33(1), 39A(3)(b),
c: inserting in the second item, after the expression 64, 65A(3)(b), Amendments to
Sentencing Regulations 2002
26: Consequential amendments to
Sentencing Regulations 2002 The Sentencing Regulations 2002 forms 4 6