Form 7
Order for minimum period of imprisonment within determinate sentence or sentence of imprisonment for life

Sections 86, 86D(4), 86E(4)(a), and 103, Sentencing Act 2002

Complete this form and attach it to form 9 (warrant of commitment).

• 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and was this day/on [date]* sentenced to imprisonment for a term of [specify period]/imprisonment for life*.

  *Select one.

• 2 For this paragraph select the statement that applies.

  Section 86(2) of the Sentencing Act 2002 applies to the offender as I am satisfied that the period of imprisonment otherwise applicable to the offender's determinate sentence under section 84(1) of the Parole Act 2002 is insufficient for all or any of the following purposes:

  • holding the offender accountable for the harm done to the victim and the community by the offending:

  • denouncing the conduct in which the offender was involved:

  • deterring the offender or other persons from committing the same or a similar offence:

  • protecting the community from the offender.

  or

  I am satisfied that section 86D(4)/86E(4)(a)* of the Sentencing Act 2002 applies to the offender.

  *Select one.

  or

  Section 103(1)(a)(i) of the Sentencing Act 2002 applies to the offender, and I consider that the minimum term of imprisonment specified below is necessary to satisfy all or any of the following purposes:

  • holding the offender accountable for the harm done to the victim and the community by the offending:

  • denouncing the conduct in which the offender was involved:

  • deterring the offender or other persons from committing the same or a similar offence:

  • protecting the community from the offender.

• 3 The court orders, under section 86/86D(4)/86E(4)(a)/103* of the Sentencing Act 2002, that the offender must serve a minimum period of imprisonment of [specify period].

  *Select one.

Form 8
Order for minimum period of imprisonment within sentence of preventive detention

Section 89, Sentencing Act 2002

Complete this form and attach it to form 9 (warrant of commitment).

• 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and was this day/on [date]* sentenced to preventive detention.

  *Select one.

• 2 For this paragraph select the statement that applies.

  I have considered the matters referred to in section 89(2) of the Sentencing Act 2002, and consider that a minimum period of imprisonment of [specify period] is appropriate.

• or

• I am satisfied that section 86D(7) of the Sentencing Act 2002 applies to the offender, and consider that a minimum period of imprisonment of [specify period] is appropriate.

• 3 The court orders, under section 89 of the Sentencing Act 2002, that the offender serve a minimum period of imprisonment of [specify period].

Form 12B
Notice of consequences of first warning

Section 86B(4), Sentencing Act 2002

Case No:

Note: In this notice, serious violent offence means any of the offences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent offence is attached).

• 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

• 2 I have given you a first warning, in which I warned you of the consequences if you are convicted of any serious violent offence committed after that first warning.

• 3 This notice records in writing the consequences that I explained to you.

If you are convicted of any serious violent offence (except murder) committed after you received the first warning, you will receive a final warning. In addition, if the Judge imposes a sentence of imprisonment for that offence (other than life imprisonment for manslaughter, or preventive detention) then you will serve that sentence without parole or early release.

If you are convicted of a murder committed after you received the first warning, you will be sentenced to imprisonment for life. You must serve the life sentence without parole unless it would be manifestly unjust to do so. If you receive a life sentence without parole, you will not be released from prison. If serving the sentence without parole would be manifestly unjust, the Judge must specify the minimum term of imprisonment you will serve.

Form 12C
Notice of consequences of final warning

Sections 86C(7) and 86E(9), Sentencing Act 2002

Case No:

Note: In this notice, serious violent offence means any of the offences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent offence is attached).

• 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

• 2 You had a record of a first warning at the time you committed the offence(s).

• 3 I have therefore given you a final warning, in which I warned you of the consequences if you are convicted of any serious violent offence committed after that final warning.

• 4 This notice records in writing the consequences that I explained to you.

If you are convicted of any serious violent offence (except murder or manslaughter) committed after you received the final warning, you will either be—

• (a) sentenced to the maximum term of imprisonment for that offence. You will serve that sentence without parole unless that would be manifestly unjust; or

• (b) sentenced to preventive detention. You will serve a minimum term of imprisonment of at least the length of the maximum term of imprisonment for the offence, unless that would be manifestly unjust. In that case, the Judge must specify the minimum term of imprisonment that you will serve.

If you are convicted of a murder committed after you received the final warning, you will be sentenced to imprisonment for life. You must serve the life sentence without parole unless it would be manifestly unjust to do so. If you receive a life sentence without parole, you will not be released from prison.

If serving the life sentence without parole would be manifestly unjust, the Judge must impose a minimum term of imprisonment of at least 20 years unless that would also be manifestly unjust. In that case, the Judge must specify the minimum term of imprisonment that you will serve.

If you are convicted of manslaughter committed after you received the final warning, you will be sentenced to imprisonment for life. The Judge must impose a minimum term of imprisonment of at least 20 years unless that would be manifestly unjust. In that case, the Judge must impose a minimum term of imprisonment of at least 10 years.

Form 12D
Notice of cancellation of warning

Section 86F(2), Sentencing Act 2002

Case No:

Note: In this notice, serious violent offence means any of the offences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent offence is attached).

• 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

• 2 For this paragraph select the statement that applies.

  On that occasion, the court gave you a first/final* warning, which warned you of the consequences if you were convicted of another serious violent offence committed after that warning.

  *Select one.

• 3 On [date], your appeal against your conviction(s) for the offences for which you received your first/final* warning was allowed and your conviction was/convictions were* quashed.

• 4 The court has therefore ordered that the record of the first/final* warning be cancelled.

  *Select one.

• 5 You no longer have a record of a first/final* warning.

  *Select one.

Form 12E
Notice of substituted warning

Section 86F(5), Sentencing Act 2002

Case No:

Note: In this form, serious violent offence means any of the offences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent offence is attached).

• 1 On [conviction date], you were convicted of the following serious violent offence(s): [list offences].

• 2 On that occasion, you were given a final warning because you had a record of a first warning when you committed the offence(s).

• 3 On [date], your appeal against your conviction(s) for the offence(s) for which you received your first warning was allowed and your conviction was/convictions were* quashed.

  *Select one.

• 4 The court ordered that a first warning replace your final warning. The first warning is deemed to have taken effect on [conviction date].

• 5 This notice records in writing the consequences if you are convicted of any serious violent offence committed after that first warning.

If you are convicted of any serious violent offence (except murder) committed after you received the first warning, you will receive a final warning. In addition, if the Judge imposes a sentence of imprisonment for that offence (other than life imprisonment for manslaughter, or preventive detention), then you will serve that sentence without parole or early release.

If you are convicted of a murder committed after you receive the first warning, you will be sentenced to imprisonment for life. You must serve the life sentence without parole unless it would be manifestly unjust to do so. If you receive a life sentence without parole, you will not be released from prison. If serving the sentence without parole would be manifestly unjust, the Judge must specify the minimum term of imprisonment you will serve.

Form 12F
Order that offender serve full term of imprisonment

Sections 86C(4), 86D(3), 86E(2), and 103(2A), Sentencing Act 2002

Complete this form and attach it to form 9 (warrant of commitment)

Case No:

• 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] court at [place] and was this day/on [date]* sentenced to imprisonment for a term of [specify period]/imprisonment for life.

  *Select one.

• 2 For this paragraph select the statement that applies.

  I am satisfied that section 86C(4) of the Sentencing Act 2002 applies to the offender.

  or

  I am satisfied that section 86D(3) of the Sentencing Act 2002 applies to the offender.

  or

  I am satisfied that section 86E(2) of the Sentencing Act 2002 applies to the offender.

  or

  I consider that section 103(2A) applies to the offender and no minimum term of imprisonment would be sufficient to satisfy any or all of the following purposes:

  • • holding the offender accountable for the harm done to the victim and the community by the offending:

  • • denouncing the conduct in which the offender was involved:

  • • deterring the offender or other persons from committing the same or a similar offence:

  • • protecting the community from the offender.

• 3 The court orders, under section 86C(4)/86D(3)/86E(2)/ 103(2A)* of the Sentencing Act 2002, that the offender must serve the full term of imprisonment.

  *Select one.