Sentencing Act changes now in force
Tougher sentencing laws designed to strengthen the consequences of offending have come into force.
Changes to the Sentencing Act 2002 designed to strengthen the consequences of offending and ensure offenders take personal responsibility for the harm they cause came into force on 29 June 2025. The key changes are:
- Capping the sentence discounts that judges can apply at 40 per cent when considering personal mitigating factors unless it would result in manifestly unjust sentencing outcomes.
- Preventing repeat discounts for youth and remorse unless it would result in manifestly unjust sentencing outcomes.
- Responding to serious retail crime by introducing a new aggravating factor to address offences against sole charge workers and those whose home and business are interconnected, as committed to in the National-Act coalition agreement.
- Progressing two recommendations from the Royal Commission of Inquiry into Abuse in Care to amend aggravating factors in the Sentencing Act to recognise the particular vulnerability of a victim being in state or faith-based care and extending the age for additional aggravating factors for cases involving violence against, or neglect of, a child from under 14 years to under 18 years.
- Encouraging the use of cumulative sentencing for offences committed while on bail, in custody, or on parole to denounce behaviour that indicates a disregard for the criminal justice system, as committed to in the National-New Zealand First coalition agreement.
- Implementing a sliding scale for guilty pleas with a maximum sentence discount of 25 per cent, reducing to a maximum of 5 per cent for a guilty plea entered during the trial.
- Amending the principles of sentencing to include a requirement to consider any information provided to the court about victims’ interests.
The changes also introduce new and amended aggravating factors that judges must consider when sentencing offenders, such as the particular vulnerability of victims.
There is more information about the law changes on Parliament’s website.(external link)
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