Reprint as at 1 October 2008
| Public Act | 1985 No 120 |
| Date of assent | 20 August 1985 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Justice
[Repealed]
5A Violent offending while on bail, etc [Repealed]
7 General limitation on imprisonment [Repealed]
7A Prohibition on imposition by District Court presided over by Community Magistrate or Magistrates of full-time custodial sentences [Repealed]
8A Limitation on combined sentences [Repealed]
9 Corrective training or imprisonment may be imposed where offender unlikely to comply with other sentences [Repealed]
10 No full-time custodial sentence to be imposed without opportunity for legal representation [Repealed]
11 Reparation to be considered in all cases [Repealed]
13 Concurrent sentences [Repealed]
15 Pre-sentence reports [Repealed]
17 Disclosure of probation officers' reports [Repealed]
18 Access to probation officers' reports [Repealed]
19 Discharge without conviction [Repealed]
20 Conviction and discharge [Repealed]
21 Order to come up for sentence if called upon [Repealed]
21A Suspended sentences [Repealed]
21C Registrar to keep records [Repealed]
21D Court to consider granting offender leave to apply for release to home detention in certain cases [Repealed]
21F Persons serving sentence by way of home detention not to be treated as being in custody [Repealed]
21G Right of appeal against order granting or declining leave to apply for release to home detention [Repealed]
22 Court may sentence offender to make reparation [Repealed]
23 Preparation of report [Repealed]
24 Conditions of sentence [Repealed]
25 Enforcement of sentence [Repealed]
26 General discretion to impose fines [Repealed]
27 Means of offender and amount of reparation to be taken into consideration in fixing amount of fine [Repealed]
28 Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
[Repealed]
28A Non-association order [Repealed]
28B Cumulative orders and sentences [Repealed]
28D Right of appeal against making of order [Repealed]
28E Commencement of period of non-association [Repealed]
28F Breach of order constitutes offence [Repealed]
28G Effect of subsequent sentences [Repealed]
28I Variation or cancellation of order [Repealed]
28J Jurisdiction and procedure [Repealed]
Part 3
Community-based sentences
[Repealed]
29 Sentence of community service [Repealed]
30 Concurrent and cumulative sentences [Repealed]
32 Supervising Officer [Repealed]
33 Community service to be performed by offenders [Repealed]
34 When service to be performed [Repealed]
37 Sentence of periodic detention [Repealed]
39 Cumulative sentences [Repealed]
40 Conditions of sentence [Repealed]
42 Legal custody of offenders [Repealed]
43 Activities and work to be done by offenders [Repealed]
46 Sentence of supervision [Repealed]
47 Cumulative sentences [Repealed]
49 Conditions of sentence [Repealed]
50 Power of court to impose additional conditions [Repealed]
51 Variation or cancellation of sentence [Repealed]
53 Sentence of community care [Repealed]
55 Cumulative sentences [Repealed]
59 Commencement of sentences [Repealed]
59A Commencement of community-based sentence after temporary surrender under Extradition Act 1999 [Repealed]
60 Authorised service or work for person sentenced to community service or periodic detention [Repealed]
61 Offenders not entitled to remuneration [Repealed]
62 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving sentence of community service or periodic detention [Repealed]
63 Effect of subsequent sentences [Repealed]
64 Application to review sentence [Repealed]
65 Jurisdiction and procedure [Repealed]
66 Powers of court [Repealed]
67 Appeals in respect of substituted sentences [Repealed]
Part 4
Full-time custodial sentences
[Repealed]
68 Sentence of corrective training [Repealed]
69 Period of detention [Repealed]
70 Cumulative sentences [Repealed]
71 Effect of subsequent sentence of imprisonment [Repealed]
73 Cumulative sentences [Repealed]
74 Rectification of warrant of commitment [Repealed]
75 Sentence of preventive detention [Repealed]
76 Cumulative sentences [Repealed]
77 Period of preventive detention indefinite [Repealed]
77A Court on imposing sentence of imprisonment or preventive detention may impose conditions of parole [Repealed]
77B Court may impose conditions of non-association on release on parole or final release date [Repealed]
78 Commencement of sentence or term of committal [Repealed]
78A Commencement of full-time custodial sentence after temporary surrender under Extradition Act 1999 [Repealed]
80 Minimum periods of imprisonment [Repealed]
81 Period on remand to be taken as time served [Repealed]
82 Date of release to avoid weekends and holidays [Repealed]
84 Court may order confiscation of motor vehicles [Repealed]
86 Registrar to notify Secretary for Transport [Repealed]
87 Disposal of confiscated motor vehicles [Repealed]
89 Discretionary release on parole [Repealed]
90 Final release [Repealed]
93 Date of release to avoid weekends and holidays [Repealed]
94 Early release for special reason [Repealed]
95 Release of offender detained in psychiatric institution while subject to sentence of imprisonment [Repealed]
96 Release for purpose of deportation [Repealed]
98 Parole Board to comply with policy directions [Repealed]
101 Jurisdiction of District Prisons Boards where offender to be released at final release date [Repealed]
102 Release to habilitation centre [Repealed]
103A Pre-parole home detention for offenders serving determinate sentence of more than 2 years [Repealed]
103C Other provisions applying to home detention [Repealed]
105 Offender may be required to serve full term [Repealed]
106 Reports and representations to Boards [Repealed]
106A Right of victims to be heard at parole hearings and hearing to consider release to home detention [Repealed]
107 Rights of offender whose case is to be considered by Parole Board or District Prisons Board [Repealed]
107A Conditions of release [Repealed]
107B Standard conditions [Repealed]
107C Special conditions [Repealed]
107D Residential conditions [Repealed]
107E Conditions applying to corrective trainees [Repealed]
107F Released offender on licence [Repealed]
107G Variation and discharge of conditions [Repealed]
107H Breach of conditions [Repealed]
107I Application for recall [Repealed]
107J Interim order for recall [Repealed]
107K Other section 107I applications [Repealed]
107L Determination of application for recall [Repealed]
107M Appeal from order for recall [Repealed]
107N Discharge from liability to recall [Repealed]
Part 7
Mentally disordered persons
[Repealed]
108 Interpretation [Repealed]
109 When finding of disability may be made [Repealed]
110 Postponement of finding [Repealed]
112 Appeal against finding of disability [Repealed]
113 Finding of insanity [Repealed]
117 Duration of order for detention as special patient where person acquitted on account of insanity [Repealed]
121 Power of court to require psychiatric report [Repealed]
122 Disclosure of psychiatric reports [Repealed]
123 Access to psychiatric reports [Repealed]
124 Probation officers [Repealed]
125 Duties of probation officers [Repealed]
125A Pilot home detention schemes [Repealed]
126 Establishment of community work centres [Repealed]
127 Controlling officer of probation area [Repealed]
129 Secretary may make rules [Repealed]
130 Parole Board [Repealed]
131 Meetings and procedure of Parole Board [Repealed]
132 District Prisons Boards [Repealed]
134 Criminal Justice Advisory Councils [Repealed]
142AA Special provisions until 1 July 2004 as to young persons remanded or committed for trial or sentence
145 Remission of monetary penalties [Repealed]
147 Minister of the Crown who is responsible for the Department of Corrections may approve subsidies for voluntary groups
148 Consent to treatment, etc, not affected [Repealed]
150 Amendments and repeals [Repealed]
Part 10
Transitional provisions
[Repealed]
152 Reparation [Repealed]
153 Community service [Repealed]
154 Periodic detention [Repealed]
155 Probation and supervision [Repealed]
156 Corrective training [Repealed]
157 Imprisonment and preventive detention [Repealed]
159 Offenders released early for special reason [Repealed]
161 Mentally disordered persons [Repealed]
162 Appointments and delegations [Repealed]
[Repealed]
An Act to reform and revise the law relating to criminal justice, and to repeal and replace the Criminal Justice Act 1954 and its amendments