In this Act, unless the context otherwise requires,—
Approved means approved by the Secretary
Community-based sentence means—
(a)
A sentence of community service:
(b)
A sentence of periodic detention:
(c)
A sentence of supervision:
(d)
A sentence of a community programme:
Compulsory treatment order
[Repealed]
Compulsory treatment order: this definition was repealed, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Counsel, in relation to any person, means a barrister and solicitor of the High Court of New Zealand who is representing that person in any proceedings
Court means any court exercising jurisdiction in criminal cases
Determinate sentence means a sentence of imprisonment otherwise than for life
District Court includes a Youth Court
Employing authority, in relation to a person who is serving a sentence of community service, means the institution or organisation, or the instrument of the Crown, or the public body, on whose behalf the person is required to perform any service for the purposes of the sentence
Final release date, in relation to a full-time custodial sentence, means the date specified in section 90 of this Act beyond which (subject to any liability for recall under Part 6 of this Act) an offender cannot be detained in a prison in respect of that sentence
Final release date: this definition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Full-time custodial sentence means—
(a)
A sentence of corrective training:
(b)
A sentence of imprisonment:
(c)
A sentence of preventive detention:
Habilitation centre means an approved residential centre that operates programmes for offenders designed to discover and address the cause or causes of or factors contributing to their offending
Home detention means the detention under a sentence of imprisonment, in an approved residence (including a marae), of an offender who is released to home detention under section 103B; and release to home detention and serving a sentence by way of home detention have corresponding meanings
Home detention: this definition was substituted, as from 1 October 1999, by section 2(1) Criminal Justice Amendment Act 1999 (1999 No 9). See clause 2 Criminal Justice Amendment Act 1999 Commencement Order 1999 (SR 1999/282).
Hospital
[Repealed]
Hospital: this definition was amended, as from 1 March 1996, by section 10 Criminal Justice Amendment Act 1995 (1995 No 69) by omitting the words “, other than a security institution,”. See clause 2 Criminal Justice Amendment Act Commencement Order 1996 (SR 1996/2).
Hospital: this definition was repealed, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Indeterminate sentence means a sentence of imprisonment for life or a sentence of preventive detention
Inmate
[Repealed]
Inmate: this definition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Manager Community Corrections means a person appointed to be a Manager Community Corrections of a district under section 127 of this Act
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Mentally disordered
[Repealed]
Mentally disordered: this definition was repealed, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Minimum period of imprisonment means the period of imprisonment which the court has, under section 80 of this Act, ordered that an offender shall serve before he or she can be released under Part 6 of this Act
Minister means the Minister of Justice
Offender includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court
Parole, in relation to a full-time custodial sentence, means the point of the sentence at which the Parole or a District Prisons Board as the case may be, may, but is not required to, release an offender pursuant to section 89 of this Act
Patient
[Repealed]
Patient: this definition was repealed, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Penal institution
[Repealed]
Penal institution: this definition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Periodic detention centre means a periodic detention centre established under section 126(1) of this Act
prison means a prison established or deemed to be established under the Corrections Act 2004.
prison: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Prison officer means an officer within the meaning of section 3(1) of the Corrections Act 2004
Prison officer: this definition was inserted, as from 1 March 1995, by section 29(1) Penal Institutions Amendment Act 1994 (1994 No 120). See clause 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3).
Prison officer: this definition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “section 3(1) of the Corrections Act 2004” for the words “section 2 of the Penal Institutions Act 1954”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
prisoner means a person who is for the time being in legal custody under the Corrections Act 2004.
prisoner: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Probation officer means a person appointed to be, or designated as, a probation officer under section 124 of this Act; and includes a person exercising only some of the functions or powers of a probation officer under this Act
Programme means one or more of the following
(a)
Attendance on some form of continuing basis at one or more medical, social, therapeutic, educational, or rehabilitative amenities:
(b)
Placement within programmes such as Maatua Whangai:
(c)
Placement in the care of members of an appropriate ethnic group, such as a tribe (iwi), a subtribe (hapu), an extended family (whanau), or marae, or in the care of any particular member or members of any such group, such as an elder (kaumatua):
(d)
Placement in the care of members of an appropriate religious group, such as a church or religious order, or in the care of any particular member or members of any such group:
(e)
Placement in the care of any other person or persons or of any agency:
Residential conditions means the conditions prescribed in section 107D and imposed on an offender who is released under Part 6 to an habilitation centre or to home detention
Residential conditions: this definition was substituted, as from 1 October 1999, by section 2(2) Criminal Justice Amendment Act 1999 (1999 No 9). See clause 2 Criminal Justice Amendment Act 1999 Commencement Order 1999 (SR 1999/282).
Secretary means the chief executive of the Department of Corrections
Secretary: this definition was substituted, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39).
Sentence expiry date, in relation to a determinate sentence, means the date on which the term of the sentence imposed by the court ends
Sentence of imprisonment does not include—
(a)
A term of imprisonment imposed, whether by committal, sentence, or order, for—
(i)
Non-payment of a sum of money; or
(ii)
Disobedience of a court order; or
(iii)
Contempt of court; or
(b)
A suspended sentence of imprisonment that has not taken effect; or
(c)
A sentence of preventive detention; or
(d)
A sentence of corrective training:
Serious violent offence means an offence against any of the following provisions of the Crimes Act 1961 in respect of which a determinate sentence of more than 2 years imprisonment is imposed on the offender
(a)
Section 128 (sexual violation):
(b)
Section 171 (manslaughter):
(c)
Section 173 (attempt to murder):
(d)
Section 188(1) (wounding with intent to cause grievous bodily harm):
(e)
Section 188(2) (wounding with intent to injure):
(f)
Section 189(1) (injuring with intent to cause grievous bodily harm):
(g)
Section 189(2) (injuring with intent to injure):
(h)
Section 198A (using a firearm against law enforcement officer, etc):
(i)
Section 198B (commission of crime with firearm):
(j)
Section 234 (robbery):
(k)
Section 235 (aggravated robbery):
Staff member of a penal institution means a staff member within the meaning of section 3(1) of the Corrections Act 2004
Staff member of a penal institution: this definition was inserted, as from 1 March 1995, by section 29(2) Penal Institutions Amendment Act 1994 (1994 No 120). See clause 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3).
Staff member of a penal institution: this definition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “section 3(1) of the Corrections Act 2004” for the words “section 2 of the Penal Institutions Act 1954”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Supervising officer, in relation to a person who is serving a sentence of community service, means the probation officer who is for the time being supervising that person in accordance with section 32 of this Act
Suspended sentence—
(a)
Means a sentence in respect of which an order has been made under subsection (1) of section 21A of this Act; but
(b)
Does not include a sentence that has taken effect by virtue of an order made under subsection (4) or subsection (5)(a) of that section:
Trial Judge, in relation to a District Court, means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment
Warden means a person appointed to be, or designated as, a Warden under section 128 of this Act.
(2)
References in this Act to offences punishable by imprisonment, or to offences punishable by imprisonment for a term of a specified period or more, shall be construed, in relation to any particular case, without regard to any restriction imposed by any of the provisions of this or any other Act on the jurisdiction or powers of the court dealing with the case.
(3)
For the purposes of this Act, an offender is subject to a full-time custodial sentence if the offender is serving that sentence or is liable to commence or to resume serving it at some time in the future.
Section 2 was substituted, as from 1 September 1993, by section 2(1) Criminal Justice Amendment Act 1993 (1993 No 43).
3-
Application of Act
(1)
Except as provided in subsection (2) of this section, this Act binds the Crown.
(2)
This Act shall not apply to proceedings under the Armed Forces Discipline Act 1971, or to proceedings on appeal from any decision under that Act, except as expressly provided in that Act.
(3)
Subject to section 4 of this Act, this Act applies to offences committed before or after the commencement of this Act.
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
4-
Penal enactments not to have retrospective effect to disadvantage of offender
[Repealed]
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
5-
Violent offenders to be imprisoned except in special circumstances
[Repealed]
Section 5 was substituted, as from 1 August 1987, and section 5A inserted, as from 1 August 1987, by section 2 Criminal Justice Amendment Act (No 3) 1987 (1987 No 168).
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
5A
Violent offending while on bail, etc
[Repealed]
Section 5 was substituted and section 5A was inserted, as from 1 August 1987, by section 2 Criminal Justice Amendment Act (No 3) 1987 (1987 No 168).
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
6-
Offenders against property not to be detained except in special circumstances
[Repealed]
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
7-
General limitation on imprisonment
[Repealed]
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
7A
Prohibition on imposition by District Court presided over by Community Magistrate or Magistrates of full-time custodial sentences
[Repealed]
Section 7A was inserted, as from 30 June 1998, by section 2 Criminal Justice Amendment Act (No 2) 1998 (1998 No 78).
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
8-
Limitation on imprisonment of persons under 16 years
[Repealed]
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
8A
Limitation on combined sentences
[Repealed]
Section 8A was inserted, as from 1 September 1993, by section 3(1) Criminal Justice Amendment Act 1993 (1993 No 43).
Part 1 (comprising sections 4 to 18) was repealed, as from 30 June 2002, by section 166(a) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
