Why early legal advice is critical under new sentencing laws

The Sentencing Act changes introduced through the Sentencing (Reform) Amendment Act 2025 have significantly reshaped the way sentencing is approached in our criminal courts. These reforms impose new constraints on how the courts apply sentencing discounts and require a sharper focus on victim impact, public accountability, and consistency in outcomes.

We explain what these changes mean for defendants – and why instructing solicitors should refer clients to criminal defence specialists as early as possible.

 

What the Sentencing Act changes mean for Defendants

The sentencing act changes reflect a more rigid approach, restricting the discretion judges previously held when considering personal mitigating factors.

Key implications include:

• Cap on sentencing discounts for mitigation
  • Courts are now limited to a maximum 40% discount for personal mitigating factors such as youth, mental health conditions, good character, or remorse.
  • This cap can only be exceeded in cases where applying this would result in manifest injustice and includes the guilty plea discount.
• Limits on repeated use of mitigating factors
  • The reforms restrict the ability to rely on the same mitigating factors such as youth or remorse – across multiple sentencing events.
• Cumulative sentences for offending while on Bail or Parole
  • Offending committed while on bail, parole or in custody is now more likely to attract cumulative rather than concurrent sentences, increasing total imprisonment exposure.
• Sliding scale for guilty plea sentencing discounts
  • A new sliding scale applies to guilty plea sentencing discounts:
    • Up to 25% if entered at the earliest reasonable opportunity.
    • Gradual reduction thereafter.
    • Only 5% or less if entered on the trial date.
  • New aggravating factors
    • Courts must now weigh several additional aggravating circumstances:
      • Victim vulnerability (e.g. children, victims in care, or isolated individuals).
      • Offending against sole workers or isolated victims.
      • Offending that is shared or live streamed online, without justification.
      • Offending against public transport passenger service workers acting in the course of their duty.
    • Greater weight on victims’ interests
      • Judges are required to place more emphasis on the impact on victims when determining sentence.

 

Why early advice matters

These changes create a harsher sentencing environment. Without early and informed input from a criminal defence specialist, a defendant risks losing out on valuable opportunities to reduce their sentence. Early advise ensures:

• Mitigating factors are identified and properly documented
• The plea is timed to maximise available sentencing discounts
• The risk of cumulative sentencing is managed
• Aggravating factors are appropriately challenged or limited in scope.

Delays in seeking advice or relying on non-specialist practitioners may result in significantly harsher sentencing outcomes.

 

Why this matters for Instructing Solicitors

For general practitioners and non-criminal lawyers, these reforms underscore the importance of timely referral to a criminal defence firm. Clients facing criminal charges need access to advice that is strategic, specialised and tailored to the new legislative environment.

Working with experienced criminal defence lawyers ensures:

• Clients receive accurate advice about the likely impact of sentencing act changes
• All available sentencing discounts are preserved and effectively argued
• Plea timing and evidential preparation are handled strategically
• Submissions on manifest injustice and judicial discretion are properly framed.

Whether you are advising on immigration, family, employment, commercial or civil matters, if a client is charged – your best step is prompt referral to a defence expert who understands the real implications of these reforms.

 

Why Bloem Law

As an Auckland-based criminal defence firm, Bloem Law offers instructing solicitors and their clients, expert and responsive advice tailored to the challenges of the 2025 sentencing landscape. We are recognised as criminal defence specialists who:

• Strategically manage trial and sentencing exposure
• Work with top-tier forensic, medical and cultural experts
• Operate under both legal aid and private instruction
• Maintain a national and international network of investigators, analysts and specialists.

With the new sentencing framework in place, early instruction has never mattered more. Engage Bloem Law to ensure your client receives a thorough defence, a realistic sentencing plan, and access to all available sentencing discounts.

 

To see the full list of changes visit justice.govt.nz

 

Publish date: 21 October 2025.