This section provides detail about the categories used in the analysis and grouping of sentence types.
Multiple sentences may be imposed for the same case or charge. However, in the convicted people tables, only the most serious sentence for that year is counted.
The most serious sentence is chosen using a ranking of sentence types based on the level of restrictions and requirements placed on the offender. For example, if, in one case, an offender was sentenced to community work and reparation for one charge and supervision for another charge, the offender would appear in these statistics as having been sentenced to community work for that case. This occurs because community work has the highest ranking of the three sentences (community work, reparation, and supervision).
Choosing only one type of sentence to represent the sentencing of a case has the greatest effect on the number of sentences relating to supervision, reparation, and driving disqualification as these are the types most frequently combined with other more serious sentence types. (For more details see Chapter 3 of the Conviction and Sentencing of Offenders in New Zealand:1997 to 2006 report.)
The Sentencing Act 2002 and the Sentencing Amendment Act 2007 made a number of changes to the types of sentences available. These are detailed in sentencing legislation.
Sentence types are:
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Custodial sentences – are life imprisonment; preventive detention; imprisonment; and home detention.
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Community-based sentences – are community detention; community work; intensive supervision; and supervision or probation. The sub-category community work includes: community work; community care or programme; community service; and periodic detention. After the implementation of the Sentencing Act 2002, community work replaced both periodic detention and community service; and supervision was modified to include the care aspect of the community programme sentence.
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Monetary penalties – are fines; and reparation.
- Deferment – covers to come up for sentence if called on, or suspended prison sentences. Suspended prison sentences were abolished from 30 June 2002 by the Sentencing Act 2002.
- Other – includes driving disqualification, or an order under s.118 Criminal Justice Act 1984 (for 2003 or prior) or under s.34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (for 2004 and onwards) for treatment or care of the offender in a psychiatric hospital or secure facility.
- Convicted and discharged – under section 20 of the Criminal Justice Act 1985, or section 108 of the Sentencing Act 2002.
- Obsolete – refers to sentences that were abolished with the implementation of the Sentencing Act 2002 and are therefore no longer handed down (this includes sentences such as Borstal Training, Corrective Training and Detention Centre).
More information on some sentence types is provided below.
Custodial sentences
Life imprisonment and preventive detention
Life imprisonment and preventive detention are both indeterminate sentences (in other words, they do not have a fixed expiry date). Prior to the commencement of the Sentencing Act 2002 and the Parole Act 2002, offenders sentenced to these indeterminate sentences were not eligible for parole until they had served 10 years in custody. However, for both sentences, a minimum non-parole period longer than 10 years could be imposed by the court.
Under section 89 of the Sentencing Act 2002, offenders sentenced to preventive detention must be ordered to serve a minimum period of imprisonment of at least five years.
Imprisonment
Determinate sentences of imprisonment are sentences with a fixed term that can be imposed at the discretion of the court, up to a maximum period specified in legislation.
Home detention
A sentence which requires an offender to remain at an approved residence at all times under electronic monitoring and close supervision by a probation officer. Offenders can be placed under home detention for a minimum period of 14 days and a maximum of 12 months.
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Community-based sentences
Following the commencement of the Sentencing Act 2002, there are now four community-based sentences in New Zealand – community detention, community work, intensive supervision, and supervision. Previously there were four such sentences: periodic detention, community service, community programme, and supervision. Community work replaced both periodic detention and community service, while supervision was modified to include the care aspect of the community programme sentence.
Community detention
A community-based sentence that requires the offender to comply with an electronically-monitored curfew imposed by the court. Offenders can be placed under curfew for up to 6 months, for between 2 and 84 hours per week.
Community work
Community work imposed can range from a minimum of 40 hours to a maximum of 400 hours. The offender must report to a probation officer who will determine the appropriate placement of the offender, ie at a community work centre or another agency, or a combination of both. Sentences of periodic detention, community service, and community programme that were handed down prior to the implementation of the Sentencing Act 2002 are also incorporated within community work.
Intensive supervision
A rehabilitative community-based sentence similar to supervision. However, it may be imposed for up to 2 years, may include participation in residential treatment and training programmes, and requires regular reports to be made to the court about sentence compliance.
Supervision
Supervision can be imposed for a period of between six months and two years. The offender is under the supervision of a probation officer and must report to the probation officer, as and when instructed. Prior to the Criminal Justice Act 1985, supervision was known as probation.
All offenders sentenced to supervision are subject to standard conditions (eg restrictions relating to the offender’s work, residence or associates) and to any special conditions imposed by the court (eg relating to programmes).
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Monetary penalties
Fines resulting from the issue of infringement notices (for speeding or parking offences etc.) are not included in these tables. Court costs have also not been included in the figures presented on monetary penalties.
Fines
The Sentencing Act 2002 created a presumption in favour of the use of fines, where a fine would constitute sufficient punishment for the offence and it is within the means of the offender to pay (section 13).
Reparation
Section 7 of the Sentencing Act 2002 codifies the purposes of sentencing, which includes providing reparation for harm done by the offender (section 7(1)(d)). The Act introduced a stronger presumption in favour of reparation.