Criminal Justice Act 1985

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Reprint as at 1 October 2010

Criminal Justice Act 1985

Public Act1985 No 120
Date of assent20 August 1985
Commencementsee section 1(2)


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.



1 Short Title and commencement

2 Interpretation

3 Application of Act

Part 1
Sentencing generally


4 Penal enactments not to have retrospective effect to disadvantage of offender [Repealed]

5 Violent offenders to be imprisoned except in special circumstances [Repealed]

5A Violent offending while on bail, etc [Repealed]

6 Offenders against property not to be detained except in special circumstances [Repealed]

7 General limitation on imprisonment [Repealed]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on imposition by District Court presided over by Community Magistrate or Magistrates of full-time custodial sentences [Repealed]

8 Limitation on imprisonment of persons under 16 years [Repealed]

8A Limitation on combined sentences [Repealed]

9 Corrective training or imprisonment may be imposed where offender unlikely to comply with other sentences [Repealed]

10 No full-time custodial sentence to be imposed without opportunity for legal representation [Repealed]

11 Reparation to be considered in all cases [Repealed]

12 Court may take into account offer to make amends [Repealed]

12A Court not to take into account alcohol or drugs, etc, in certain cases [Repealed]

13 Concurrent sentences [Repealed]

14 Power of adjournment for inquiries as to suitable punishment [Repealed]

15 Pre-sentence reports [Repealed]

16 Offender may call witness as to cultural and family background [Repealed]

17 Disclosure of probation officers' reports [Repealed]

18 Access to probation officers' reports [Repealed]

Part 2
Discharge, deferment, reparation, and fines



19 Discharge without conviction [Repealed]

20 Conviction and discharge [Repealed]


21 Order to come up for sentence if called upon [Repealed]

21A Suspended sentences [Repealed]

21B Administration and effect of suspended sentences [Repealed]

21C Registrar to keep records [Repealed]

Home detention

21D Court to consider granting offender leave to apply for release to home detention in certain cases [Repealed]

21E Effect of subsequent conviction on home detention [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]

Part 2A
Non-association orders


28A Non-association order [Repealed]

28B Cumulative orders and sentences [Repealed]

28C Order to be drawn up and copy given to offender [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]

28H Application by probation officer to review order [Repealed]

28I Variation or cancellation of order [Repealed]

28J Jurisdiction and procedure [Repealed]

Part 3
Community-based sentences


Community service

29 Sentence of community service [Repealed]

30 Concurrent and cumulative sentences [Repealed]

31 Matters to be considered by court before community service imposed [Repealed]

32 Supervising Officer [Repealed]

33 Community service to be performed by offenders [Repealed]

34 When service to be performed [Repealed]

35 Variation or cancellation of sentence of community service [Repealed]

36 Offences relating to breach of sentence of community service [Repealed]

Periodic detention

37 Sentence of periodic detention [Repealed]

38 Sentence not to be imposed unless appropriate periodic detention centre available [Repealed]

39 Cumulative sentences [Repealed]

40 Conditions of sentence [Repealed]

41 Offender excused from reporting in certain circumstances [Repealed]

42 Legal custody of offenders [Repealed]

43 Activities and work to be done by offenders [Repealed]

44 Variation, cancellation, or suspension of sentence of periodic detention [Repealed]

45 Offences relating to breach of sentence of periodic detention [Repealed]


46 Sentence of supervision [Repealed]

47 Cumulative sentences [Repealed]

48 Offender to be under supervision of probation officer [Repealed]

49 Conditions of sentence [Repealed]

50 Power of court to impose additional conditions [Repealed]

51 Variation or cancellation of sentence [Repealed]

52 Offences relating to breach of conditions of supervision [Repealed]

Community programme

53 Sentence of community programme [Repealed]

54 Sentence not to be imposed until report made on available programme [Repealed]

55 Cumulative sentences [Repealed]

56 Consent to imposition of sentence not necessarily consent to medical treatment, etc [Repealed]

57 Variation or cancellation of sentence of community programme [Repealed]

General provisions

58 Order to be drawn up and copy given to offender [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]

Review of sentences

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


Corrective training

68 Sentence of corrective training [Repealed]

69 Period of detention [Repealed]

70 Cumulative sentences [Repealed]

71 Effect of subsequent sentence of imprisonment [Repealed]


72 Discretion of court to impose less than maximum term [Repealed]

73 Cumulative sentences [Repealed]

74 Rectification of warrant of commitment [Repealed]

Preventive detention

75 Sentence of preventive detention [Repealed]

76 Cumulative sentences [Repealed]

77 Period of preventive detention indefinite [Repealed]

Conditions of parole

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]

77BA Variation or discharge of conditions of non-association [Repealed]

Term of detention

78 Commencement of sentence or term of committal [Repealed]

78A Commencement of full-time custodial sentence after temporary surrender under Extradition Act 1999 [Repealed]

79 Sentence to cease to run while offender unlawfully at large [Repealed]

80 Minimum periods of imprisonment [Repealed]

81 Period on remand to be taken as time served [Repealed]

81A Period in custody awaiting extradition to New Zealand to be taken as time served [Repealed]

82 Date of release to avoid weekends and holidays [Repealed]

Part 5
Disqualification from driving and confiscation of motor vehicles


83 Power of court to disqualify offenders from driving motor vehicles [Repealed]

84 Court may order confiscation of motor vehicles [Repealed]

85 Offender not to acquire new interest in motor vehicle for 12 months [Repealed]

86 Registrar to notify Secretary for Transport [Repealed]

87 Disposal of confiscated motor vehicles [Repealed]

88 Order may be cancelled on application by bona fide purchaser [Repealed]

Part 6
Administration of full-time custodial sentences



89 Discretionary release on parole [Repealed]

90 Final release [Repealed]

91 Secretary to determine offender's final release dates [Repealed]

92 Calculation of parole, final release, and sentence expiry dates [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]

97 Jurisdiction of Parole Board to release offenders on parole [Repealed]

98 Parole Board to comply with policy directions [Repealed]

99 Jurisdiction of Parole Board where offender to be released at final release date [Repealed]

100 Jurisdiction of District Prisons Boards to release offenders on parole [Repealed]

101 Jurisdiction of District Prisons Boards where offender to be released at final release date [Repealed]

102 Release to habilitation centre [Repealed]

103 Release to home detention where offender has leave granted by court [Repealed]

103A Pre-parole home detention for offenders serving determinate sentence of more than 2 years [Repealed]

103B Determination of application for release to home detention [Repealed]

103C Other provisions applying to home detention [Repealed]

104 Matters to be considered when determining release on parole [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


108 Interpretation [Repealed]

109 When finding of disability may be made [Repealed]

110 Postponement of finding [Repealed]

111 Procedure [Repealed]

112 Appeal against finding of disability [Repealed]

113 Finding of insanity [Repealed]

114 Appeal against acquittal on account of insanity [Repealed]

115 Order to be made if person under disability or insane [Repealed]

116 Duration of order for detention as special patient where defendant under disability [Repealed]

117 Duration of order for detention as special patient where person acquitted on account of insanity [Repealed]

118 Power of court to commit to institution on conviction [Repealed]

119 Notices to be sent to Public Trustee of certain orders [Repealed]

120 Temporary reception orders under Mental Health Act 1969 for certain defendants [Repealed]

121 Power of court to require psychiatric report [Repealed]

122 Disclosure of psychiatric reports [Repealed]

123 Access to psychiatric reports [Repealed]

Part 8
Administration of Act

124 Probation officers [Repealed]

124A Probation officer may delegate power to supervise offenders on community work [Repealed]

125 Duties of probation officers [Repealed]

125A Pilot home detention schemes [Repealed]

125B Offences [Repealed]

126 Establishment of community work centres [Repealed]

127 Controlling officer of probation area [Repealed]

128 Wardens [Repealed]

129 Secretary may make rules [Repealed]

130 Parole Board [Repealed]

131 Meetings and procedure of Parole Board [Repealed]

132 District Prisons Boards [Repealed]

133 Meetings and procedures of District Prisons Boards [Repealed]

134 Criminal Justice Advisory Councils [Repealed]

135 Functions of Criminal Justice Advisory Council [Repealed]

136 Secretary responsible for general administration of Act [Repealed]

Part 9
Miscellaneous provisions

137 Sentence not invalidated by mistake in age of offender [Repealed]

138 Power to clear court and forbid report of proceedings

139 Prohibition against publication of names in specified sexual cases

139A Protection of identity of children called as witnesses in criminal proceedings

140 Court may prohibit publication of names

141 Publication by or at request of Police, etc

142 Special provisions as to young persons remanded or committed for trial or sentence

142AA Special provisions until 1 July 2004 as to young persons remanded or committed for trial or sentence [Expired]

142AB Expiry of section 142AA

142A Detention of children or young persons serving sentence of imprisonment

143 Warrant of commitment for full-time custodial sentence [Repealed]

144 Commutation of death sentence to sentence of imprisonment [Repealed]

145 Remission of monetary penalties [Repealed]

146 Royal prerogative not affected

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]

149 Regulations

150 Amendments and repeals [Repealed]

Part 10
Transitional provisions


151 Offenders liable to come up for sentence if called upon [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]

158 Persons under 16 years imprisoned for summary offence [Repealed]

159 Offenders released early for special reason [Repealed]

160 Administration of full-time custodial sentences [Repealed]

161 Mentally disordered persons [Repealed]

162 Appointments and delegations [Repealed]

Schedule 1
Enactments consequentially amended


Schedule 2
Enactments repealed


Reprint notes

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