Criminal Procedure Act 2011

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Criminal Procedure Act 2011

Public Act2011 No 81
Date of assent17 October 2011
Commencementsee section 2

Contents

1  Title

2  Commencement

Part 1
Preliminary provisions

3  Purpose

4  Overview

5  Interpretation

6  Categories of offence defined

7  Act subject to other enactments

8  Act binds the Crown

Jurisdiction of District Courts to conduct criminal proceedings

9  Jurisdiction of District Courts to conduct criminal proceedings

Who may conduct proceedings

10  Who may conduct proceedings against defendant

11  Who may conduct proceedings for defendant

12  Representatives of corporations

Procedural requirements in Act, regulations, and rules

13  Procedural requirements of Act, regulations, and rules to be followed

Part 2
Commencement of proceedings and preliminary steps

Subpart 1Filing a charging document

14  Commencement of criminal proceedings

15  Any person may commence proceeding

16  Charging documents

17  Content of charge

18  Court may order further particulars

19  Charge may be worded in alternative

20  Charge may be representative

21  Court may amend or divide alternative or representative charge

22  Certain charges to disclose range of penalties and previous convictions

23  Offence relating to false or misleading information in charging document

24  Endorsement of consent

25  Time for filing charging document

26  Private prosecutions

27  Power of Registrar to compile charging information

Subpart 2Notifying defendant of court appearance

28  Summons in relation to charge may be served

29  Summons following evidential breath test

30  Provisions relating to summons issued under section 28 or 29

31  Charging document must be filed promptly

32  Decision to change charge following summons

33  Summons to defendant in private prosecution

34  Warrant may be issued if summons cannot be served

Subpart 3Court dealing with proceeding before trial or transfer for trial

35  Court dealing with proceeding before trial or transfer for trial: categories 1 to 3

36  Court dealing with proceeding before transfer for trial: category 4

Part 3
Procedure before trial

Subpart 1Pleas

Entering plea

37  Defendant may enter plea

38  Right to plead to category 1 offence by notice

39  Requirement for defendant to plead

40  Not guilty plea for category 4 offence

41  Defendant who refuses or fails to plead under section 39 or 49(3)

42  Defendant may change plea of not guilty

43  Procedure if defendant indicates intention to plead guilty but does not do so

44  Plea where charge alleges previous conviction

Special pleas

45  Special pleas

46  Previous conviction

47  Previous acquittal

48  Pardon

49  Procedure for dealing with special plea

Subpart 2Decision regarding trial by jury for category 3 offences

50  Defendant charged with category 3 offence may elect trial by jury

51  Timing of election

52  Judicial officer or Registrar may receive elections

53  Withdrawal of election

Subpart 3Case management

54  Adjournment for case review

55  Case management discussions and case management memorandum

56  Information to be provided in case management memorandum

57  Case review

58  Court may give directions about case management procedure

59  Judge may direct case management procedure for category 1 offence

Subpart 4Sentence indications

60  Meaning of sentence indication

61  Giving sentence indication

62  Further provisions relating to giving sentence indication

63  Offence and penalty relating to sentence indication

64  Duration of sentence indication

65  Request for sentence indication not admissible in proceeding

Subpart 5Determination of level of trial court for category 2 and 3 offences

Determination of level of trial court for protocol offences

66  Establishment of protocol

67  District Court Judge may recommend level of trial court for protocol offence

68  High Court Judge must determine level of trial court for protocol offences

69  Proceedings not invalid

Order that proceeding for category 2 or 3 offence be tried in High Court

70  High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court

Subpart 6Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

71  Category 1 offences

72  Category 2 offences

73  Category 3 offences

74  Category 4 offences

75  Transfer of certain proceedings for category 2 and 3 offences to trial court

76  Transfer of proceeding from trial court to new trial court

77  Notice that defendant to be tried in High Court

Subpart 7Provisions applying only to Judge-alone procedure

78  Court may order pre-trial admissibility hearing if trial to be Judge-alone trial

79  Pre-trial admissibility hearing and order that evidence admissible

80  Court may order that certain pre-trial processes under subpart 8 apply

Subpart 8Provisions applying only to jury trial procedure

Application of this subpart

81  Application of this subpart

Filing of formal statements

82  Requirements for formal statements

83  False statement in formal statement deemed to be perjury

84  Persons who may give evidence under assumed name

85  Prosecutor must file formal statements

86  Evidential status of formal statements

Trial callover memoranda

87  Trial callover memoranda to be filed in trial court

88  Information to be provided in trial callover memoranda

89  Unrepresented defendants at trial callover hearing

Application for oral evidence order

90  Application for oral evidence order

91  Application for leave to question undercover Police officer's identity must be dealt with by High Court

Oral evidence orders

92  Making oral evidence order

93  Further consideration if application for oral evidence order for complainant in case of sexual nature

94  Withdrawal of charge if oral evidence order made for examination of undercover Police officer

Procedure for taking oral evidence

95  By whom oral evidence of witness to be taken

96  Restriction on who may take oral evidence of complainant in case of sexual nature

97  Persons who may be present if oral evidence taken from complainant in case of sexual nature

98  Application of sections 103 to 105 of Evidence Act 2006

99  Oral evidence must be recorded

100  Proceeding may be continued despite witness's failure to appear or give evidence

Pre-trial orders as to admissibility of evidence: jury trial procedure

101  Pre-trial order relating to admissibility of evidence: jury trial

Trial before Judge alone may be ordered

102  Judge may order Judge-alone trial in cases likely to be long and complex

103  Judge may order Judge-alone trial in cases involving intimidation of juror or jurors

104  Procedure for trial ordered under section 102 or 103

Part 4
Trial

Subpart 1Provisions applying to Judge-alone trials

105  Conduct of Judge-alone trial

106  Decision of court

Subpart 2Provisions applying to jury trials

Conduct of jury trial

107  Conduct of jury trial

Charge alleging previous conviction

108  Procedure if charge alleges previous conviction

Discretion to keep jury together

109  Discretion to keep jury together

Part of murder charge proved

110  Part of murder charge proved

Subpart 3Provisions applying to both Judge-alone and jury trials

Alibi

111  Alibi

Dismissal of charge in certain cases

112  Court must dismiss charge in certain cases

Witnesses

113  Adjourning trial for witness

Part 5
General provisions

Subpart 1Conduct of proceeding

Defendants who plead guilty or are found guilty

114  Procedure after defendant pleads or is found guilty

115  Plea of guilty may be withdrawn by leave of court

116  Effect of sentence indication

Presence of defendant at hearings

117  Defendant generally may be present at all hearings

118  Hearings at which defendant must be present

Powers of court when defendant does not appear

119  Non-attendance of defendant charged with offence in category 1

120  Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered

121  Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing

122  Non-attendance of defendant at trial for offence in category 2, 3, or 4

123  Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant

124  Procedure when hearing proceeds in absence of defendant

Retrial or rehearing if defendant found guilty or sentenced in his or her absence

125  Retrial if defendant found guilty in his or her absence

126  Rehearing if defendant sentenced for category 1 offence in his or her absence

127  Registrar may deal with applications in relation to category 1 offences

128  Effect of application for retrial or rehearing on rights of appeal

129  Procedure if retrial or rehearing ordered

130  Dealing with defendant pending retrial or rehearing

Powers of court when prosecutor does not appear

131  Powers of court when prosecutor does not appear

Powers of court when neither party appears

132  Powers of court when neither party appears

Amendment of charge

133  Amendment of charge

134  Procedure if charge amended before trial

135  Procedure if charge amended after order made under section 68 or 70

136  Procedure if charge amended during trial

Proceedings conducted together

137  Proceedings against parties to offences, accessories, and receivers

138  Trial of different charges together

139  Procedure if charges to be heard together

140  Procedure if charges to be heard together include new charges

Further provisions relating to charges

141  Conviction where alternative allegations proved in Judge-alone trial

142  Dealing with charge that fails to disclose range of penalties and previous convictions when required

143  Included offences

144  Conviction of parties

145  Conviction of charge containing allegation of previous conviction

Withdrawal and dismissal of charges

146  Withdrawal of charge

147  Dismissal of charge

148  Prosecutor must notify court if defendant completes programme of diversion

Attempts

149  Attempt proved when offence is charged

150  Offence proved when attempt is charged

Retrial of previously acquitted person

151  Order for retrial may be granted if acquittal tainted

152  Meaning of terms used in sections 153 and 154

153  Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person

154  Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered

155  Orders to safeguard fairness of retrial

156  Effect of order for retrial

Transfer of proceedings to court at different place

157  Transfer of proceedings to court at different place or different sitting

158  Attendance of witness at substitute court

Obtaining attendance of witnesses

159  Issue of summons to witness

160  Summons to witness to non-party disclosure hearing

161  Issue of warrant to obtain attendance of witness

Provisions relating to warrants to arrest defendant or witness

162  To whom warrant to be directed and power of person executing warrant to enter premises

163  Withdrawal of warrant

Dealing with witness arrested under warrant

164  Dealing with witness arrested under warrant

Dealing with witnesses at the court

165  Witness refusing to give evidence may be imprisoned

166  Witnesses at hearing

Adjournments and bail

167  Power to adjourn

168  Dealing with defendant on adjournment

169  Warrant for detention of defendant in hospital or secure facility

170  Defendant in custody may be brought up before expiry of period of adjournment

Special provisions applying to defendants under the age of 20 pending hearing or sentence

171  Defendants under 16 must not be imprisoned pending hearing or sentence

172  Defendants aged 16 must not be imprisoned pending hearing or sentence except in certain circumstances

173  Remand of defendant under 17 in residence or care

174  Remand of defendant under 17 years for assessment report

175  Remand of defendants aged 17 to 20 years

Stay of proceedings

176  Stay of proceedings

Retrial or rehearing

177  Court may order retrial or rehearing as to sentence in certain cases

178  Procedure if retrial or rehearing ordered

179  Dealing with defendant pending retrial or rehearing

Correction of erroneous sentence

180  Court may correct erroneous sentence

181  Application of chief executive of Department of Corrections to correct erroneous sentence

182  Procedure if court corrects erroneous sentence

Transfer to wrong court

183  Transfer to wrong court

Permanent court record

184  Permanent court record

Subpart 2Solicitor-General's responsibility for oversight and conduct of certain prosecutions

185  Solicitor-General responsible for general oversight of public prosecutions

186  Attorney-General's responsibility and powers not affected

187  Assumption of responsibility for Crown prosecutions by Solicitor-General

188  Duty of Crown prosecutor to comply with Solicitor-General's directions

189  Crown prosecution notice must be filed

190  Power of Solicitor-General or Crown prosecutor to amend charge

191  Power of Solicitor-General or Crown prosecutor to add new charges

192  Power of Solicitor-General or Crown prosecutor to withdraw charge

193  Independence of Solicitor-General and Crown prosecutors

Subpart 3Public access and restrictions on reporting

Terms used in this subpart

194  Interpretation

195  Context in which publication prohibited

Court proceedings generally open to public

196  Court proceedings generally open to public

Power to clear court

197  Power to clear court

198  Exception for members of media

199  Court must be cleared when complainant gives evidence in cases of sexual nature

Suppression of names

200  Court may suppress identity of defendant

201  Automatic suppression of identity of defendant in specified sexual cases

202  Court may suppress identity of witnesses, victims, and connected persons

203  Automatic suppression of identity of complainant in specified sexual cases

204  Automatic suppression of identity of child complainants and witnesses

Suppression of evidence and submissions

205  Court may suppress evidence and submissions

Powers of Registrar

206  Power of Registrar to make and renew interim suppression orders

General provisions relating to suppression orders

207  Court must give reasons

208  Duration of suppression order and right of review

209  Publication by or at request of Police, etc

210  Standing of members of media

Offences relating to breach of suppression provisions and orders

211  Offences and penalties

Part 6
Appeals

Subpart 1General matters

212  Interpretation

213  Leave to appeal

214  Duty to determine appeal subject to sections 337 and 338

Subpart 2Appeals against pre-trial decisions

First appeals

215  Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case

216  Refusal to give leave to appeal under section 215

217  Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case

218  Right of appeal by defendant only against pre-trial decisions in jury trial case

219  First appeal courts

220  How to commence first appeal

221  First appeal court to determine appeal

222  Trial court may allow trial to proceed

Further appeals

223  Right of appeal against determination of first appeal court

224  Second appeal courts

225  How to commence second appeal

226  Second appeal court to determine appeal

227  High Court's determination of second appeal final

228  Further appeal from determination of second appeal by Court of Appeal

Subpart 3Appeals against conviction

First appeals

229  Right of appeal against conviction

230  First appeal courts

231  How to commence first appeal

232  First appeal court to determine appeal

233  Orders, etc, on successful first appeal

234  Conviction and sentence for different offence may be substituted

235  Acquittal on account of insanity

236  Confirmation or substitution of sentence for another offence

Further appeals

237  Right of appeal against determination of first appeal court

238  Second appeal courts

239  How to commence second appeal

240  Second appeal court to determine appeal

241  Orders, etc, on successful second appeal

242  High Court's determination of second appeal final

243  Further appeal from determination of second appeal by Court of Appeal

Subpart 4Appeals against sentence

First appeals

244  Convicted person's right of appeal against sentence

245  Right of appeal against sentence not affected by sentence indication

246  Prosecutor's right of appeal

247  First appeal courts

248  How to commence first appeal

249  Appeal by prosecutor treated as abandoned if not heard before sentence completed

250  First appeal court to determine appeal

251  Orders, etc, on successful first appeal

252  Defendant may not withdraw guilty plea after sentence imposed on appeal

Further appeals

253  Right of appeal against determination of first appeal court

254  Second appeal courts

255  How to commence second appeal

256  Second appeal court to determine appeal

257  Orders, etc, on successful second appeal

258  High Court's determination of second appeal final

259  Further appeal from determination of Court of Appeal

Subpart 5Appeals against finding of or sentence for contempt of court

First appeals

260  Right of appeal against finding of or sentence for contempt of court

261  First appeal courts

262  How to commence first appeal

263  First appeal court to determine appeal

Further appeals

264  Right of appeal against determination of first appeal court

265  Second appeal courts

266  How to commence second appeal

267  Second appeal court to determine appeal

268  High Court's determination of second appeal final

269  Further appeal from determination of Court of Appeal

Subpart 6Appeals against decisions on costs orders

First appeals

270  Interpretation

271  Right of appeal to first appeal court against decision about costs order

272  First appeal courts

273  How to commence first appeal

274  First appeal court to determine appeal

275  Appeal not to suspend trial

Further appeals

276  Right of appeal against determination of first appeal court

277  Second appeal courts

278  How to commence second appeal

279  Second appeal court to determine appeal

280  High Court's determination of second appeal final

281  Further appeal from determination of Court of Appeal

Subpart 7Appeals against suppression orders

First appeals

282  Interpretation

283  Right of appeal against decision on suppression order

284  First appeal courts

285  How to commence first appeal

286  Interim suppression order pending determination of first appeal

287  First appeal court to determine appeal

288  Trial court may allow trial to proceed

Further appeals

289  Right of appeal against determination of first appeal court

290  Second appeal courts

291  How to commence second appeal

292  Interim suppression order pending determination of second appeal

293  Second appeal court to determine appeal

294  Determination of High Court final

295  Further appeal from determination of Court of Appeal

Subpart 8Appeals on question of law

First appeals

296  Right of appeal

297  First appeal courts

298  How to commence first appeal

299  Power of first appeal court to amend question stated

300  First appeal court to determine appeal

301  Deferral or adjournment of trial if notice of application for leave to appeal filed

302  How determination of appeal affects outcome of trial

Further appeals

303  Right of appeal against determination of first appeal court

304  Second appeal courts

305  How to commence second appeal

306  Second appeal court to determine appeal

307  Orders, etc, on successful second appeal

308  High Court's determination of second appeal final

309  Further appeal from determination of Court of Appeal

310  Relationship to other appeals

Subpart 9Appeals against order under section 106(3) of Sentencing Act 2002

311  Right of appeal

Subpart 10Appeals relating to peace bond decisions

312  Right of appeal

Subpart 11Solicitor-General's references

313  Solicitor-General may refer certain questions to Court of Appeal

314  Procedure for references under section 313

315  Rights of appeal to Supreme Court

316  Procedure for appeals under section 315

317  Solicitor-General may refer question to Supreme Court

318  Procedure for references under section 317

319  Power of Court of Appeal or Supreme Court to amend question referred

Subpart 12Further provisions

Procedure for determining jurisdiction where appeals lie to different appeal courts

320  Meaning of related right of appeal

321  Related appeals that are to be heard by Court of Appeal

Solicitor-General

322  Duty of Solicitor-General

Registrar of appeal court to arrange appeal

323  Duties of Registrar

324  Custody of exhibits, etc

Rights of representation and attendance at hearing of appeal or application for leave to appeal

325  Right of representation at hearing

326  Right of attendance at hearing

How applications to be heard

327  Hearings in Court of Appeal

328  Hearings in District Court or High Court

How appeals to be heard

329  Hearings in Court of Appeal or Supreme Court

330  Hearings in District Court or High Court

Hearings on papers

331  Provisions about hearing on papers

Powers exercisable by 1 or 2 appellate Judges

332  Powers exercisable by Judge of Supreme Court

333  Powers exercisable by Judges of Court of Appeal

Powers of appeal court to receive evidence, etc

334  Power to receive and hear evidence

335  Special powers of appeal courts in appeal involving conviction, sentence, or contempt

336  Powers of appeal courts

Abandonment

337  Abandonment of appeal by appellant

338  Power of appeal court to dismiss appeal for non-compliance with procedural orders

339  Appeal against dismissal under section 338

Judgment of appeal court

340  Reasons to accompany judgment or be given later

341  Delivery of judgment by District Court, High Court, or Court of Appeal

342  Judgment to be provided to parties

How appeal affects decisions under appeal

343  General effect of appeal on sentence

344  Issue of committal order for detention of convicted person

345  How appeal affects community-based sentences

346  Registrar to notify resumption of sentence

347  Reporting requirement where sentence resumed after unsuccessful or abandoned appeal

348  How appeal affects non-association orders

349  Fine recovery not to be enforced pending contempt appeal

350  Successful appellant entitled to return of amount paid under sentence

351  Detention following appeal

352  Revesting and restitution of property on conviction

Part 7
Provisions concerning jurisdiction of District Courts

Jurisdiction of District Court presided over by District Court Judge

353  Jurisdiction of District Court Judges

Jurisdiction of District Courts in relation to jury trials

354  Jurisdiction of District Courts in relation to jury trials

Jurisdiction of District Court presided over by 1 or more Justices

355  Jurisdiction of Justices

Jurisdiction of District Court presided over by 1 or more Community Magistrates

356  Jurisdiction of Community Magistrates

357  Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences

358  Power to impose penalties provided for in Land Transport Act 1998

359  Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998

360  Power of Community Magistrates to decline jurisdiction

361  Jurisdiction of Justices and Community Magistrates to take pleas

362  Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders

Transfer to District Court presided over by District Court Judge

363  Power to transfer matter to District Court presided over by District Court Judge

Part 8
Miscellaneous and transitional provisions

Subpart 1Costs orders and contempt

364  Costs orders

365  Contempt of court

Subpart 2Conservation of the peace

366  Application for order for bond to keep the peace

367  Making of order for bond

368  Form of, and entering into, bond

369  Making of order for bond where person charged with offence

370  Refusal to enter into bond

371  Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made

372  Forfeiture of bond

Subpart 3Miscellaneous provisions

373  Registrar who is also constable

374  Witnesses' expenses

375  Conviction not to be recorded for infringement offences

376  Person sentenced, etc, deemed to be convicted

377  Restitution of property

378  Who may take affidavit

379  Proceedings not to be questioned for want of form

380  Proceedings not invalid because defendant should have been dealt with in Youth Court

381  Payment of fees, fines, etc

382  Payment and recovery of fees

383  Enforcement of fines

384  Enforcement of fines imposed or varied by appeal court

385  Application of section 168 during epidemic

Rules and regulations

386  Rules

387  Regulations

Subpart 4Transitional and savings provisions

Transitional provisions regarding sentence indications

388  Application of provisions regarding sentence indications to existing proceedings

389  Transitional provision regarding terminology in relation to sentence indication provisions

Transitional provisions regarding public access and restrictions on reporting

390  Transitional provision regarding terminology in relation to public access and restrictions on reporting

391  Application of amendments made by section 393

392  Transitional provision regarding appeals by members of media

393  Consequential amendments relating to public access and restriction on reporting provisions

Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

394  Meaning of commencement date

395  Cities, boroughs, and other places appointed for District Courts under District Courts Act 1947

396  Savings provision in relation to warrants held under section 28B of District Courts Act 1947

397  Proceedings commenced before commencement date

398  Proceedings commenced after commencement date

399  Absconding defendants

400  Defendants and proceedings to be tried together

401  No proceeding invalid if wrongly conducted in accordance with old law

402  Transitional provision regarding withdrawal of warrants to arrest

403  Transitional provision regarding dealing with witness arrested under warrant

404  Transitional provision regarding correction of erroneous sentence

405  Limitation periods

406  Retrial following acquittal in summary proceedings

Other transitional matters

407  Transitional provision relating to abandonment of appeals to Court of Appeal

408  Regulations providing for transitional matters

409  Regulations making consequential amendments

410  Expiry of sections 408 and 409

Part 9
Amendments to other enactments

Criminal Justice Act 1985

411  Criminal Justice Act 1985 repealed

Criminal Justice Regulations 1985

412  Criminal Justice Regulations 1985 revoked

Amendments to other enactments

413  Amendments to other enactments

Schedule 1
Category 4 offences

Schedule 2
Consequential amendments relating to public access and restrictions on reporting provisions

Schedule 3
Amendments to other enactments

Legislative history


The Parliament of New Zealand enacts as follows: