43Court may reopen proceedings to correct sentencing errors

#### 43 Court may reopen proceedings to correct sentencing errors 43 Court may reopen proceedings to correct sentencing errors > > (1) This section applies to criminal proceedings (including proceedings on appeal) in which a court has— > > > > > (a) imposed a penalty that is contrary to law, or > > > > > (b) failed to impose a penalty that is required to be imposed by law, > > > > and so applies whether or not a person has been convicted of an offence in those proceedings. > > > (2) The court may reopen the proceedings (either on its own initiative or on the application of a party to the proceedings) and, after giving the parties an opportunity to be heard— > > > > > (a) may impose a penalty that is in accordance with the law, and > > > > > (b) if necessary, may amend any relevant conviction or order. > > > (3) For the purposes of this section, the court— > > > > > (a) may call on the person to whom the proceedings relate to appear before it and, if the person does not appear, may issue a warrant for the person’s arrest, or > > > > > (b) if of the opinion that the person will not appear if called on to do so, may, without calling on the person to appear before it, issue a warrant for the person’s arrest. > > > (4) Subject to subsection (5), nothing in this section affects any right of appeal. > > > (5) For the purposes of an appeal under any Act against a penalty imposed in the exercise of a power conferred by this section, the time within which such an appeal must be made commences on the date on which the penalty is so imposed. > > > (6) In this section— > > > > impose a penalty includes— > > > > > (a) impose a sentence of imprisonment or a fine, or > > > > > (b) make an intensive correction order, community correction order or conditional release order, or > > > > > (c) (Repealed) > > > > > (c1) make a non-association order or place restriction order, or > > > > > (d) make an order under section 10 or 11, or > > > > > (e) make an order or direction with respect to restitution, compensation, costs, forfeiture, destruction, disqualification or loss, suspension or variation of a licence or privilege, or > > > > > (f) make a registrable person order under the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042), including specifying a reporting period in the order. > > **s 43:** Am 2001 No 100, Sch 1.1 \[5\]; 2001 No 121, Sch 2.75 \[6\]; 2010 No 48, Sch 1 \[11\]; 2013 No 80, Sch 4; 2017 No 53, Sch 1 \[23\]–\[25\]; 2024 No 62, Sch 2.