Sentencing (Reform) Amendment Act 2025
Version updated on 10 April 2025 to make an editorial change to section 2.
Sentencing (Reform) Amendment Act 2025
Public Act |
2025 No 13 |
|
Date of assent |
29 March 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Sentencing (Reform) Amendment Act 2025.
2 Commencement
This Act comes into force on 29 June 2025.
Section 2: editorial change made by the PCO, on 10 April 2025, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
Part 1 Amendments to Sentencing Act 2002
3 Principal Act
This Part amends the Sentencing Act 2002.
Definitions
4 Section 4 amended (Interpretation)
In section 4(1), insert in their appropriate alphabetical order:
category 3 offence and category 4 offence have the meanings given to them in section 6 of the Criminal Procedure Act 2011
digital communication has the meaning given in section 4 of the Harmful Digital Communications Act 2015
guilty plea mitigating factor, in relation to an offender, means the mitigating factor in section 9(2)(b)
livestream has the meaning given in section 119A of the Films, Videos, and Publications Classification Act 1993
mitigating factor means a mitigating factor in relation to the offence, a personal mitigating factor in relation to the offender, or any other mitigating factor,—
(a)
in section 9(2); or
(b)
under section 9(4)(a)
personal mitigating factor, in relation to an offender, means—
(a)
a mitigating factor in section 9(2) that is any of the following:
(i)
the age of the offender (section 9(2)(a)):
(ii)
whether and when the offender pleaded guilty (section 9(2)(b)):
(iii)
that the offender has, or had at the time the offence was committed, diminished intellectual capacity or understanding (section 9(2)(e)):
(iv)
any remorse shown by the offender, except to the extent that it relates to anything described in section 10 (section 9(2)(f)):
(v)
that the offender has taken steps during the proceedings (other than steps to comply with procedural requirements) to shorten the proceedings or reduce their cost (section 9(2)(fa)):
(vi)
any evidence of the offender’s previous good character (section 9(2)(g)); or
(b)
a mitigating factor under section 9(4)(a) that the court considers is personal to the offender
post, in relation to a record of offending, means to upload, transfer, send, publish, share, or otherwise disseminate that record
remorse mitigating factor, in relation to an offender,—
(a)
means the mitigating factor in section 9(2)(f); but
(b)
excludes anything described in section 10
youth mitigating factor, in relation to an offender, means the mitigating factor in section 9(2)(a) to the extent that it relates to the offender’s youth.
Replacement principle to better recognise victim’s needs
5 Section 8 amended (Principles of sentencing or otherwise dealing with offenders)
Replace section 8(f) with:
(f)
must take into account any information provided to the court—
(i)
to help to recognise the victim’s needs in the court’s sentencing or otherwise dealing with the offender according to law; and
(ii)
concerning the interests of the victim (for example, about the effects of the offending on the victim); and
Example
Information to which paragraph (f) applies
Information in a victim impact statement (see sections 17AA, 17AB, and 21 of the Victims’ Rights Act 2002) whose purpose is to—
enable the victim to provide information to the court about the effects of the offending on the victim; and
assist the court in understanding the victim’s views about the offending; and
inform the offender about the impact of the offending from the victim’s perspective.
Aggravating and mitigating factors: overview
6 New section 8A and cross-headings inserted
After section 8, insert:
Aggravating and mitigating factors: overview
8A Overview of aggravating and mitigating factors
Aggravating and mitigating factors in cases of any kind
(1)
Section 9 is about aggravating and mitigating factors that the court must or may take into account in sentencing or otherwise dealing with an offender.
Aggravating and mitigating factors in some cases involving violence or neglect
(2)
Section 9A is about aggravating and mitigating factors that the court must or may take into account in sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of,—
(a)
a child under the age of 14 years; or
(b)
a young person of or over the age of 14 years but under 18 years.
Sentence reductions under personal mitigating factors in cases of any kind
(3)
Sections 9B to 9T are about the following sentence reductions:
(a)
sentence of any type reduced under youth mitigating factor (sections 9B to 9F):
(b)
specified sentence reduced under guilty plea mitigating factor (sections 9G to 9K):
(c)
sentence of any type reduced under remorse mitigating factor (sections 9L to 9P):
(d)
sentence of imprisonment reduced under all applicable personal mitigating factors (sections 9Q to 9S).
Aggravating and mitigating factors in cases of any kind
New aggravating factors
7 Section 9 amended (Aggravating and mitigating factors)
New heading above section 9(1)
(1)
Above section 9(1), insert:
Aggravating factors
Adult offender actually committed, or was party to, offence that child or young person actually committed, or was party to, and offender livestreamed or posted their offending online
(2)
After section 9(1)(ca), insert:
(cb)
that the offender was aged 18 years or over when they actually committed, or were a party to (within the meaning of section 66(1)(b), (c), or (d) or (2) of the Crimes Act 1961), the offence, and—
(i)
1 or more other people also actually committed, or also were a party to (within that meaning), the offence; and
(ii)
they then were each, or included, a child or a young person (as both those terms are defined in section 2(1) of the Oranga Tamariki Act 1989):
(cc)
that the offender did 1 or more of the following in relation to the offending for which they are being sentenced, with no justification in the public interest, and that glorified the offending:
(i)
they livestreamed all or part of the offending on an internet site or an online application or similar:
(ii)
they posted all or part of a record of the offending on an internet site or an online application or similar:
(iii)
they distributed all or part of a record of the offending to others by means of a digital communication:
Public transport passenger service workers, sole charge workers, and people whose home and business are connected
(3)
After section 9(1)(fb), insert:
(fc)
that the victim was a public transport passenger service worker acting in the course of his or her duty:
(fd)
that either or both of the following apply to the victim:
(i)
the victim was working alone:
(ii)
the victim was working in a business that was physically joined to, or that was located next to, the dwelling place of a victim:
Victim particularly vulnerable because of factor known to offender
(4)
In section 9(1)(g), insert the following example:
Example
Any other factor known to offender
That the victim was—
in State care (as defined in clause 17.3 of the Schedule of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Order 2018); or
in the care of faith-based institutions (as defined in clause 17.4 of that schedule).
New heading above section 9(2)
(5)
Above section 9(2), insert:
Mitigating factors
(6)
In section 9(2)(f), delete “as”
.
New heading to section 9(4)
(7)
Above section 9(4), insert:
Taking into account other aggravating or mitigating factor
New heading to section 9(4A)
(8)
Above section 9(4A), insert:
Definitions of terms used in this section
Definitions of terms used in this section
(9)
After section 9(4A), insert:
(4B)
In subsection (1)(fc), public transport passenger service worker means a driver, pilot, or crew member in, or a worker who otherwise assists in any way, a service for the carriage of passengers for hire or reward by means of any mode of (air, land, sea or other water, or other) transport available to the public generally.
Additional aggravating factors in cases involving violence against, or neglect of, young person
8 Cross-heading above section 9A amended
In the cross-heading above section 9A, after “child under 14 years”
, insert “, or young person of or over age of 14 years but under 18 years”
.
9 Section 9A amended (Cases involving violence against, or neglect of, child under 14 years)
(1)
In the heading to section 9A, after “child under 14 years”
, insert “, or young person of or over age of 14 years but under 18 years”
.
(2)
In section 9A(1), after “a child under the age of 14 years”
, insert “, or a young person of or over the age of 14 years but under 18 years”
.
Sentence reductions under personal mitigating factors in cases of any kind
10 New sections 9B to 9T and cross-headings inserted
After section 9A, insert:
Sentence of any type reduced under youth mitigating factor
9B General rule: no reduction to sentence
(1)
This section applies if—
(a)
offending of any kind is committed, in whole, after the commencement of this section, by an offender of or over the age of 18 years; and
(b)
the court in a sentencing for the offending—
(i)
imposed a sentence of any type on the offender; and
(ii)
reduced that sentence under the youth mitigating factor; and
(c)
further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.
(2)
In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the youth mitigating factor.
(3)
This section is subject to sections 9C and 9T.
9C Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9B would result in a sentence that is manifestly unjust, the court must reduce the sentence under the youth mitigating factor to the extent needed to avoid the sentence being manifestly unjust.
9D Duty to record sentence reduction
If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the youth mitigating factor.
9E Duty to inform offender of effect of general rule
If a sentence of any type for offending of any kind is reduced under the youth mitigating factor, the court must inform the offender of the effect of the general rule in section 9B.
9F Effect of failure to record or inform
(1)
A failure by the court to perform either or both of the duties in sections 9D and 9E does not affect the validity of, and is not in itself grounds for an appeal against,—
(a)
the sentence for the offending; or
(b)
a sentence imposed on the offender later for any other offending.
(2)
A failure by the court to perform either or both of the duties in sections 9D and 9E does not limit the court’s duty to comply with section 9B.
Specified sentence reduced under guilty plea mitigating factor
9G Specified sentence
Sections 9H to 9K apply only to a sentence (in those sections called the sentence) that is—
(a)
a sentence of imprisonment for offending of any kind; or
(b)
a sentence of any other type for offending of any kind, and to which the court considers it appropriate to apply those sections.
9H General rule: sliding scale of maximum reductions
(1)
A reduction to the sentence under the guilty plea mitigating factor must not exceed the applicable maximum percentage set out in the following table:
| Item | When defendant enters plea of guilty or communicates willingness to plead guilty | Maximum reduction | ||
| 1 | At the first reasonable opportunity | 25% | ||
| 2 | At the case review hearing (see sections 54 to 59 of the Criminal Procedure Act 2011) | 20% | ||
| 3 | At or before the first trial callover (if proceedings have been adjourned for a trial callover under that Act) | 15% | ||
| 4 | 20 or more working days (as defined in section 5 of that Act) before the scheduled start date for the trial | 10% | ||
| 5 | Less than 20 working days (as so defined) before the scheduled start date for the trial, or during the trial | 5% |
(2)
This section is subject to sections 9I and 9T.
9I Exception: departing from scale up to 25% of sentence
The court may, if it considers it appropriate, make a reduction to the sentence under the guilty plea mitigating factor that—
(a)
exceeds the applicable maximum percentage in item 2, 3, 4, or 5 of the table in section 9H; but
(b)
does not exceed 25%.
9J Duty to state certain matters
If the court makes a reduction to the sentence under the guilty plea mitigating factor, the court must state (using any words that it thinks fit)—
(a)
how it has applied the sliding scale in section 9H; and
(b)
reasons for, and the extent of, a departure under section 9I.
9K Matters that court may consider if applicable
In making a reduction to the sentence under the guilty plea mitigating factor, the court may consider the following matters to the extent that they are applicable in the case:
(a)
whether and when the defendant received information—
(i)
as part of criminal disclosure; and
(ii)
that helped enable the defendant to plead fully and fairly:
(b)
how much the plea prevented, for victims and witnesses, any further trauma, further stress, and further inconvenience:
(c)
how much the plea saved public resources (for example, of the court, legal aid, and the prosecution):
(d)
any matter outside the defendant’s control that prevented the defendant from earlier entering a guilty plea or communicating a willingness to plead guilty:
(e)
whether and when the defendant received independent legal advice:
(f)
whether and when the defendant pleaded guilty to materially amended charges:
(g)
whether the defendant disputed the facts of the case, and the outcome of that dispute:
(h)
any other matter that the court thinks fit to consider in making a sentence reduction under the guilty plea mitigating factor.
Sentence of any type reduced under remorse mitigating factor
9L General rule: no reduction to sentence
(1)
This section applies if—
(a)
offending of any kind is committed, in whole, after the commencement of this section, by an offender; and
(b)
the court in a sentencing for the offending—
(i)
imposed a sentence of any type on the offender; and
(ii)
reduced that sentence under the remorse mitigating factor; and
(c)
further offending of any kind (whether of a kind that is the same as, or different from, the offending) is committed, in whole, after the sentencing for the offending, by the offender.
(2)
In imposing a sentence of any type on the offender for the further offending, the court must not reduce that sentence under the remorse mitigating factor.
(3)
This section is subject to sections 9M and 9T.
9M Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9L would result in a sentence that is manifestly unjust, the court must reduce the sentence under the remorse mitigating factor to the extent needed to avoid the sentence being manifestly unjust.
9N Duty to record sentence reduction
If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must make an entry in the permanent court record, in relation to the offending, to the effect that the offender has had a sentence reduction under the remorse mitigating factor.
9O Duty to inform offender of effect of general rule
If a sentence of any type for offending of any kind is reduced under the remorse mitigating factor, the court must inform the offender of the effect of the general rule in section 9L.
9P Effect of failure to record or inform
(1)
A failure by the court to perform either or both of the duties in sections 9N and 9O does not affect the validity of, and is not in itself grounds for an appeal against,—
(a)
the sentence for the offending; or
(b)
a sentence imposed on the offender later for any other offending.
(2)
A failure by the court to perform either or both of the duties in sections 9N and 9O does not limit the court’s duty to comply with section 9L.
Sentence of imprisonment reduced under all applicable personal mitigating factors: 40% cap
9Q General rule: total reductions must not exceed 40% of sentence
(1)
If a sentence of imprisonment for offending of any kind is reduced under 1 or more personal mitigating factors, total reductions under all those personal mitigating factors must not exceed 40% of the sentence.
(2)
This section is subject to sections 9R and 9T.
(3)
This section does not apply to the mitigating factor that the offender assisted the authorities to maintain the law in respect of an offence.
Example
Assisting authorities to maintain law in respect of offence
The offender assisted the authorities in relation to the prevention, detection, investigation, prosecution, or punishment of an offence.
(4)
However, for the purposes of the 40% cap in this section, total reductions to the sentence under 1 or more personal mitigating factors—
(a)
include a youth mitigating factor reduction to it only if one is available under sections 9B to 9F:
(b)
include a guilty plea mitigating factor reduction to it only to the extent that one is available under sections 9G to 9K:
(c)
include a remorse mitigating factor reduction to it only if one is available under sections 9L to 9P.
9R Exception: duty to avoid sentence being manifestly unjust
If the application of the general rule in section 9Q would result in a sentence that is manifestly unjust, the court must make total reductions to the sentence under all personal mitigating factors that exceed 40% of the sentence to the extent needed to avoid the sentence being manifestly unjust.
9S Duty to state, with reasons, total reductions court would have made
If, but for the application of the general rule in section 9Q, the court would have made total reductions under all personal mitigating factors that exceed 40% of the sentence, the court must state, with reasons, the reductions that it would have made.
Sentence reductions: general exceptions
9T Discharge, etc, or minimum, or mandatory, sentence or order
Section 9B, 9H, 9L, or 9Q does not apply—
(a)
if the court considers that the offending would be more appropriately dealt with by—
(i)
discharging the offender without conviction under section 106; or
(ii)
convicting and discharging the offender under section 108; or
(iii)
convicting the offender and ordering the offender, under section 110, to come up for sentence if called on; or
(b)
to the extent that applying that section would be inconsistent with legislation that requires any minimum, or mandatory, sentence to be imposed, or order to be made, for the offending.
Limit on imprisonment of person under 18 years
11 Section 18 replaced (Limit on imprisonment of person under 18 years)
Replace section 18 with:
18 Limit on imprisonment of person under 18 years
Offender under age of 18 years when they committed particular offence
(1)
The general rule in subsection (2) applies to an offender who, at the time of the commission of an offence, was under the age of 18 years.
General rule: no sentence of imprisonment in respect of offence
(2)
No court may impose a sentence of imprisonment on the offender in respect of the offence.
Exception: particular offence is specified serious offence
(3)
However, that general rule does not apply if the offence is—
(a)
a category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
(b)
a category 4 offence.
Exception: offender is already serving sentence of imprisonment
(4)
However, that general rule does not apply if the offender is already serving a sentence of imprisonment for any other offence that they committed, in whole or in part, before, with, or after the offence mentioned in subsection (1).
Permitted combinations of sentences
12 Section 19 amended (Permitted combinations of sentences)
Replace section 19(1) with:
Application
(1)
This section applies only if the court is considering imposing a combination of sentences of different types, and imposing the combination—
(a)
for 1 or more offences; and
(b)
on an offender who is not serving a sentence of imprisonment; and
(c)
on a single occasion.
Combination may be imposed only if permitted by this section
(1A)
The combination may be imposed only if it is permitted by this section.
Permitted combinations of sentences
Aggravating and mitigating factors
13 Section 31 amended (General requirement to give reasons)
In section 31(4), after “section 9”
, insert “or 9A”
.
Arrest without warrant if home detention residence no longer available or suitable
14 New section 80GA inserted (Arrest without warrant if home detention residence no longer available or suitable)
After section 80G, insert:
80GA Arrest without warrant if home detention residence no longer available or suitable
Power to arrest without warrant
(1)
Any constable or probation officer may arrest, without warrant, an offender if the constable or officer believes on reasonable grounds that—
(a)
the offender’s home detention residence is no longer available or suitable because of a change in circumstances; and
(b)
a suitable alternative residence has not been decided under section 80FA(1); and
(c)
a suitable provisional home detention residence has not been approved under section 80FA(2) or (3)(a); and
(d)
subsection (2), (3), or (4) applies to the offender.
Offenders to whom section applies
(2)
This subsection applies to the offender if—
(a)
an application for an order under section 80F(4) has been made in respect of the offender; and
(b)
it is not practicable to obtain promptly a warrant to arrest the offender under section 72(2B) (see section 80F(6)) or 80F(4A); and
(c)
a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances.
(3)
This subsection applies to the offender if—
(a)
an application for an order under section 80F(4) has not been made in respect of the offender; and
(b)
it is not practicable for a probation officer to make promptly an application of that kind; and
(c)
a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances.
(4)
This subsection applies to the offender if—
(a)
neither subsection (2) nor subsection (3) applies to the offender; and
(b)
a risk to any person’s safety exists because of the offender remaining at, leaving, or returning to the offender’s home detention residence that is no longer available or suitable because of a change in circumstances.
Offender to be brought before court, which may bail or remand in custody
(5)
An offender arrested under this section must be brought as soon as possible before the court, which may under section 80F(4A)(b) (if it applies) or this subsection (if section 80F(4A)(b) does not apply) bail the offender, or remand them in custody, until whichever of the following occurs first:
(a)
an application for an order under section 80F(4) in respect of the offender has been made and determined:
(b)
a suitable alternative residence is decided under section 80FA(1):
(c)
a suitable provisional home detention residence is approved under section 80FA(2) or (3)(a).
Offender may be released as soon as possible if suitable residence available
(6)
Despite subsection (5), an offender arrested under this section need not be detained in order to be brought as soon as possible before the court, and may instead be released as soon as possible, if—
(a)
a suitable residence is decided under section 80FA(1); or
(b)
a suitable provisional home detention residence is approved under section 80FA(2) or (3)(a).
Meaning of application for order under section 80F(4)
(7)
In this section, an application for an order under section 80F(4) means an application—
(a)
made under section 80F(1) by the offender or a probation officer; and
(b)
based on grounds that are, or include, the grounds stated in section 80F(1)(c) (namely, that the home detention residence is no longer available or suitable because of a change in circumstances); and
(c)
on which the court may, if satisfied that the grounds on which it is based have been established, make an order under section 80F(4).
Arrest of offender failing to attend judicial monitoring hearing
15 New section 80ZLA inserted (Arrest of offender failing to attend judicial monitoring hearing)
After section 80ZL, insert:
80ZLA Arrest of offender failing to attend judicial monitoring hearing
The Judge may issue a warrant to arrest an offender and bring them before the Judge if the Judge is satisfied that—
(a)
the Judge made an order under section 80ZK that the offender attend before the Judge; and
(b)
the order has been given to the offender, as required by section 80ZL(1); and
(c)
the order given to the offender was accompanied by a notice setting out the time and place of the attendance, as required by section 80ZL(2); and
(d)
the offender has failed to attend at that time and place.
Further offences (offences committed on bail, in custody, or on parole)
16 Section 84 amended (Guidance on use of cumulative and concurrent sentences of imprisonment)
(1)
Before section 84(1), insert:
Sentencing for all offences for which offender is being sentenced
(2)
Replace section 84(3) with:
Definition of further offence for purposes of this section
(3)
In this section, a further offence, for an offender, means an offence committed while the offender was—
(a)
on bail; or
(b)
in custody under a court direction, a court order, or a sentence; or
(c)
released on parole.
Sentencing for offences that are, or include, further offences
(4)
If the offences for which an offender is being sentenced are, or include, further offences, then—
(a)
subsections (1) and (2) apply to all the offences for which the offender is being sentenced; and
(b)
subsection (5) applies to the further offences for which an offender is being sentenced.
(5)
It is generally appropriate for the further offences for which an offender is being sentenced to be cumulative on the sentences for the offences for which the offender is being, or has been, sentenced that are not further offences.
Considerations in determining if offences are connected series of offences
(6)
In determining for the purpose of this section whether 2 or more offences (whether further offences, or offences that are not further offences) committed by 1 offender are a connected series of offences, the court may consider—
(a)
the time at which they occurred; or
(b)
the overall nature of the offending; or
(c)
any other relationship between the offences that the court considers relevant.
Protection orders
17 Section 106 amended (Discharge without conviction)
After section 106(2), insert:
(2A)
A court discharging an offender under this section may make a protection order under section 123B.
18 Section 123B amended (Protection order)
Replace section 123B(1)(a) with:
(a)
an offender is convicted of, or is under section 106 discharged without conviction for, a family violence offence; and
Examples
Convicted of family violence offence
The offender is convicted of a family violence offence and is discharged, under section 108.
The offender is convicted of a family violence offence and is ordered to appear for sentence if called on, under section 110.
Forfeiture of weapons
19 New section 142R inserted (Forfeiture of weapons)
After section 142Q, insert:
Forfeiture of weapons
142R Forfeiture of weapons
(1)
This section applies to a weapon that the court is satisfied that an offender used in committing, or in facilitating the commission of, an offence.
(2)
The court may order that a weapon to which this section applies—
(a)
is forfeited to the Crown; or
(b)
must be destroyed, or otherwise disposed of, as the court directs.
(3)
This section does not affect duties or powers of the court, or any person, under any other law, about the forfeiture, destruction, or other disposal of any weapon, or any other thing of any kind, used in committing, or in facilitating the commission of, an offence.
Transitional, savings, and related provisions
20 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Part 2 Amendment to Family Court Rules 2002
21 Principal rules
This Part amends the Family Court Rules 2002.
Protection orders
22 Rule 431B amended (Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002)
In rule 431B(1)(a), after “convicts an offender of”
, insert “, or under section 106 of the Sentencing Act 2002 discharges an offender without conviction for,”
.
Schedule New Part 6 inserted into Schedule 1AA of Sentencing Act 2002
Part 6 Provisions relating to Sentencing (Reform) Amendment Act 2025
21 Definitions for this Part
In this Part, unless the context otherwise requires,—
amendment Act means the Sentencing (Reform) Amendment Act 2025
commencement means the amendment Act’s commencement.
22 Application of amendments
Amendments apply only to offences committed, in whole, after commencement
(1)
An amendment made to this Act by the amendment Act applies only to an offence committed, in whole, on or after commencement.
Other offences remain subject to Act as in force pre-commencement
(2)
An offence committed, in whole or in part, before commencement remains subject to this Act as in force before commencement.
Exception (application of new section 18)
(3)
However, this clause is subject to clause 23.
23 Application of new section 18
(1)
Section 18 (as inserted by the amendment Act) applies only in sentencing an offender for an offence committed, in whole, on or after commencement.
(2)
However, in applying subclause (1),—
(a)
the other offence mentioned in section 18(4) (as so inserted) may be one committed, in whole or in part, before, on, or after commencement; and
(b)
the sentence of imprisonment mentioned in section 18(4) (as so inserted) imposed for that other offence may be one imposed before, on, or after commencement.
24 Validity of sentence imposed after commencement not affected, and grounds for appeal against it do not exist, just because it is subject to new law but wrongly imposed under old law
(1)
This clause applies to a sentence that is—
(a)
imposed after commencement; and
(b)
subject under this Part (see clauses 22 and 23) to an amendment made to this Act by the amendment Act; and
(c)
wrongly imposed under this Act as in force before commencement, rather than under that amendment.
(2)
The validity of the sentence is not affected, and grounds for an appeal against it do not exist, just because it was wrongly imposed under this Act as in force before commencement.
Compare: 2011 No 81 s 401
Legislative history
16 September 2024 |
Introduction (Bill 77–1) |
|
24 September 2024 |
First reading and referral to Justice Committee |
|
7 February 2025 |
Reported from Justice Committee (Bill 77–2) |
|
18 February 2025 |
Second reading |
|
25 March 2025 |
Committee of the whole House, third reading |
|
29 March 2025 |
Royal assent |
This Act is administered by the Ministry of Justice.