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Crimes Act 1961
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Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring, and attempting to commit offences." Over the years, the legislation has been amended by several new acts, including the Homosexual Law Reform Act 1986, the Prostitution Reform Act 2003, the Crimes (Substituted Section 59) Amendment Act 2007 ("anti-smacking law"), the Crimes Amendment Act (No 2) 2008, and the Abortion Legislation Act 2020.
Section 13 of the Crimes Act states that the powers of the courts under other acts will not be affected by the Crimes Act. The sections relating to the death penalty and putting under bond have been repealed.
Section 17 bans solitary confinement as a form of punishment. Section 19 empowers the High Courts to impose fines.
Includes infancy, insanity, compulsion, ignorance of law, sentence or process, arrest, use of force, breach of the peace, defence against assault, defence of property, peaceable entry, powers of discipline, surgical procedures, and other general provisions.
Sections 21 and 22 establish the defence of infancy. Children aged under 10 years old are assumed incapable of committing a crime and cannot be charged with any crime. Children aged between 10 and 14 years inclusive have the rebuttable presumption of incapacity to commit a crime; they cannot be charged unless the prosecution can prove the child knew what they were doing was a criminal offence.
Sections 50, 169 and 170 dealt with the provocation defence which mitigated fatal assaults to the lesser charge and penalty due to manslaughter, rather than murder. Section 50, which define provocation, was repealed by section 2(1) of the Crimes Amendment Act 1980. Sections 169 and 170 was repealed in December 2009 through bipartisan consent with the exception of the ACT New Zealand party.
Includes treason and other crimes against the King and the State; offence of oath to commit offence; unlawful assemblies, riots, and breaches of the peace; piracy; slave dealing; participation in criminal gang; and smuggling and trafficking in people.
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Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring, and attempting to commit offences." Over the years, the legislation has been amended by several new acts, including the Homosexual Law Reform Act 1986, the Prostitution Reform Act 2003, the Crimes (Substituted Section 59) Amendment Act 2007 ("anti-smacking law"), the Crimes Amendment Act (No 2) 2008, and the Abortion Legislation Act 2020.
Section 13 of the Crimes Act states that the powers of the courts under other acts will not be affected by the Crimes Act. The sections relating to the death penalty and putting under bond have been repealed.
Section 17 bans solitary confinement as a form of punishment. Section 19 empowers the High Courts to impose fines.
Includes infancy, insanity, compulsion, ignorance of law, sentence or process, arrest, use of force, breach of the peace, defence against assault, defence of property, peaceable entry, powers of discipline, surgical procedures, and other general provisions.
Sections 21 and 22 establish the defence of infancy. Children aged under 10 years old are assumed incapable of committing a crime and cannot be charged with any crime. Children aged between 10 and 14 years inclusive have the rebuttable presumption of incapacity to commit a crime; they cannot be charged unless the prosecution can prove the child knew what they were doing was a criminal offence.
Sections 50, 169 and 170 dealt with the provocation defence which mitigated fatal assaults to the lesser charge and penalty due to manslaughter, rather than murder. Section 50, which define provocation, was repealed by section 2(1) of the Crimes Amendment Act 1980. Sections 169 and 170 was repealed in December 2009 through bipartisan consent with the exception of the ACT New Zealand party.
Includes treason and other crimes against the King and the State; offence of oath to commit offence; unlawful assemblies, riots, and breaches of the peace; piracy; slave dealing; participation in criminal gang; and smuggling and trafficking in people.
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