New Zealand Acts

SENTENCING ACT 2002 - SECT 90

90 Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

1 This section applies if a person is convicted by the District Court of a qualifying sexual or violent offence, and the court has reason to believe, from a report of a probation officer or otherwise, that a sentence of preventive detention may be appropriate.

2 The court must transfer the offender to the High Court for sentence and make an entry in the permanent court record to the effect that the court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of preventive detention.

History: Section 90(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).   Section 90(2): replaced, on 1 July 2013, by section 5 of the Sentencing Amendment Act 2013 (2013 No 32).