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SENTENCING - WHAT WILL I GET?

Every prosecution or charge that you might face in a Court in New Zealand is set out in an Act of Parliament   -   you can see all of the Acts or Regulations section by section by clicking on :

We provide you with a direct link to the Crimes Act 1961 . . . .

We now provide you with a direct link to the Government legislation site where you can look up Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts    

Each Act will usually say something about the penalties that will apply upon conviction for a wrongdoing.

But over and above each particular Act, from July 1 2002 a new Sentencing Act 2002 and a Parole Act 2002 determine how the Courts must deal with sentencing and how the prison service must deal with terms of Parole eg early release.

Under these Acts, the major following changes should in -

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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
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"Great to find all this information at my fingertips.
I think that Home Detention is a bit of a sop. Either you go to prison or you do not! I think it is almost like getting off! Mike H - Wellington"

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"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

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"David Bain is innocent - Miriam C - Auckland"
"No he bloody ain't - Jimmy - Timaru "
Feedback/Blogs/Reviews from related topic: Adjournments
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Is rape the same as sexual violation? - JKH"
"NETLAW replies . . . It is a special definition of sexual violation. It is sexual violation using the penis rather than part of the body or an instrument any other item. "
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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)
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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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