New Zealand Acts

SENTENCING ACT 2002 - SECT 11

11 Discharge or order to come up for sentence if called on

1 If a person who is charged with an offence is found guilty, or pleads guilty, before entering a conviction and imposing a sentence the court must consider whether the offender would be more appropriately dealt with by—

a) discharging the offender without conviction under section 106 ; or

b) convicting and discharging the offender under section 108 ; or

c) convicting the offender and ordering the offender, under section 110 , to come up for sentence if called on.

2 If any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing, on conviction, a sentence of imprisonment, a sentence of home detention, a community-based sentence, or a fine, then—

a) despite subsection (1), a court is not obliged to consider whether the offender would be more appropriately dealt with in the manner described in any of paragraphs (a), (b), or (c) of that subsection; but

b) the court is not precluded from dealing with the offender in that manner if the court thinks that it is appropriate in the circumstances.

History: Section 11(2): amended, on 1 October 2007, by section 9 of the Sentencing Amendment Act 2007 (2007 No 27).