During the period covered by these tables there have been a number of changes to sentencing legislation, including changes in the types of sentences available, and combinations of sentences that may be imposed. Not all of these changes are detailed here, but more information is available in the Conviction and Sentencing of Offenders in New Zealand reports published by the Ministry of Justice.
The major change in recent years occurred when the Sentencing Act 2002 replaced the Criminal Justice Act 1985 and made a number of changes to sentences available. The Sentencing Amendment Act 2007 also introduced some further changes.
Descriptions for some of the sentences can be found below:
- Life imprisonment – an indeterminate sentence of imprisonment (i.e. the sentence continues to apply for the entire life of the offender, although the offender can be released on parole) that is generally only imposed on offenders convicted of murder
- Preventive detention – an indeterminate sentence of imprisonment generally imposed only on serious, repeat sex offenders. Parole may be sought after the court-imposed non-parole period
- Determinate imprisonment – a sentence of imprisonment for a fixed term
- 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
- Corrective training – a three month custodial sentence for offenders aged between 16 and 19 involving hard physical work and strict discipline, and followed by six months of supervision
- Suspended sentence of imprisonment – a sentence of determinate imprisonment that is suspended unless the offender is reconvicted within a set period of time
- 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
- Periodic detention – a noncustodial sentence that involves the offender reporting to a work centre and undertaking community work projects
- Community service – a noncustodial sentence that involves the offender undertaking work for an approved community agency
- Community programme – a sentence (that may be residential) that involves placing the offender in the care of an approved organisation, group or individual.
- 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 – a sentence under which the offender is required to comply with various reporting, residential, association and other conditions
- Reparation – a sentence where financial payment is ordered to be made by the offender to the victim
- Fine – a sentence where financial payment is ordered to be made by the offender to the state. Prior to 30 June 2002, the court could, in certain circumstances, order the full or part payment of a fine to the victim
- Driving disqualification – a sentence where the offender must surrender their driver’s licence for a fixed term, or indefinitely
- To come up for sentence if called on – an order where an offender is resentenced for an offence if subsequently convicted of a further offence within a fixed term.
The major changes that the Sentencing Act 2002 made to these sentences were:
- A new sentence structure was created for people convicted of murder
- Preventive detention became available for a wider range of offences and offenders
- Corrective training was abolished
- Suspended sentences of imprisonment were abolished
- A new sentence called community work replaced periodic detention and community service. Community work is aimed at compensating the community. The offender will be placed at a community work centre, with another agency, or a combination of both of these
- Community programme was abolished
- Supervision was modified to include the care aspect of community programme
- The provision for reparation was strengthened, and the provision for the payment of fines to victims was removed
- A presumption in favour of fines was introduced.
These tables include all sentence types available during the period covered by the statistics (under both the Criminal Justice Act 1985, the Sentencing Act 2002, and any other relevant legislation).