CONVICTION AND SENTENCING OF OFFENDERS IN NEW ZEALAND: 1987 to 1996

Philip Spier, November 1997 © Crown Copyright

Ministry of Justice, Po Box 180, Wellington
Ph (04) 494-9700, Fax (04) 494-9701
ISsN 1172-0638

Foreword
Acknowledgements
List of Tables
List of Figures
Executive Summary

1 Introduction

1.1 Background
1.2 Quality of the Data
1.3 Structure of the Report
1.4 Comparability With Previous Reports

2 Prosecutions and Convictions for All Offences Except Traffic Offences

2.1 Introduction
2.2 Outcomes of Prosecutions for All Offences Except Traffic Offences
2.3 Convictions for Offences in Each Major Offence Category Except Traffic
2.4 Average Seriousness of All Offences Except Traffic Offences
2.5 Convictions for Violent Offences
2.6 Convictions for Other Offences Against the Person
2.7 Convictions for Property Offences
2.8 Convictions for Drug Offences
2.9 Convictions for Offences Against the Administration of Justice
2.10 Convictions for Offences Against Good Order
2.11 Convictions for Miscellaneous Offences
2.12 Region Where Non-Traffic Convictions Were Finalised in 1996
2.13 Gender, Ethnicity, and Age of Offenders Convicted in 1996 for All Offences Except Traffic Offences
2.14 Victims of Sex Offences

3 Sentencing for All Offences Except Traffic Offences

3.1 Introduction
3.2 Sentencing For All Cases Except Those Involving Traffic Offences
3.3 Gender, Ethnicity, and Age of Offenders Given Each Sentence in 1996 for a Non-Traffic Offence
3.4 Sentences Imposed in Each Region in 1996 For Non-Traffic Offences
3.5 Sentencing For Violent Offences
3.6 Sentencing For Other Offences Against the Person
3.7 Sentencing For Property Offences
3.8 Sentencing For Drug Offences
3.9 Sentencing For Offences Against the Administration of Justice
3.10 Sentencing For Offences Against Good Order

4 Convictions and Sentencing for Traffic Offences

4.1 Introduction
4.2 Convictions for Traffic Offences
4.3 Region Where Traffic Convictions Were Finalised in 1996
4.4 Sentencing for Cases Involving Traffic Offences
4.5 Sentences Imposed in Each Region in 1996 For Traffic Offences
4.6 Gender and Age of Offenders Given Each Sentence in 1996 for a Traffic Offence

5 Court Statistics on Young Offenders

5.1 Introduction
5.2 Number of 14 to 16 Year Olds Apprehended by the Police
5.3 Outcomes of Prosecutions of Young People
5.4 Types and Seriousness of Cases Which Were Proved
5.5 Sentencing of Young Offenders
5.6 Final Court of Sentencing

6 The Use of Custodial and Community-Based Sentences For All Offences

6.1 Introduction
6.2 Trends in the Total Numbers of Custodial and Community-Based Sentences
6.3 Custodial Sentences and Remands in Custody
6.4 Periodic Detention
6.5 Community Programmes
6.6 Community Service
6.7 Supervision

7 Use of Suspended Prison Sentences in the Period July to December 1996

7.1 Introduction
7.2 Previous Studies
7.3 Method
7.4 Number of Suspended Sentences Imposed
7.5 Estimated Number of Receptions
7.6 Additional Sentences Imposed
7.7 Activation of Suspended Sentences
7.8 Conclusion

8 The Use of Reparation as a Sentence

8.1 Introduction
8.2 Use of Reparation for All Offences in 1996
8.3 Use of Reparation for Property Offences

 
9 The Non-Use of Reparation for Property Offences

9.1 Background
9.2 Objectives
9.3 Methodology
9.4 Findings
9.4.1 Reasons Why Reparation Was Not Imposed
9.4.2 Written Information Available to Judges at Sentencing
9.5 Interviews with Judges
9.6 Summary
9.7 Conclusions

10 Summary of Main Findings

10.1 Prosecutions and Convictions for All Offences Except Traffic Offences
10.2 Sentencing for All Offences Except Traffic Offences
10.3 Convictions and Sentencing for Traffic Offences
10.4 Court Statistics on Young Offenders
10.5 The Use of Custodial and Community-based Sentences For All Offences
10.6 Suspended Sentences of Imprisonment
10.7 The Use of Reparation as a Sentence
10.8 The Non-Use of Reparation for Property Offences

References
Appendix 1 - Data Collection Form for "Non-Use of Reparation" Study 171
Appendix 2 - Some Recent Research Publications of the Ministry of Justice and the Former Department of Justice