Reprint as at 1 July 2015

Coat of Arms of New Zealand

Criminal Procedure Act 2011

Public Act
 
2011 No 81
Date of assent
 
17 October 2011
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Purpose
4Overview
5Interpretation
6Categories of offence defined
7Act subject to other enactments
8Act binds the Crown
9Jurisdiction of District Courts to conduct criminal proceedings
10Who may conduct proceedings against defendant
11Who may conduct proceedings for defendant
12Representatives of corporations
13Procedural requirements of Act, regulations, and rules to be followed
14Commencement of criminal proceedings
15Any person may commence proceeding
16Charging documents
17Content of charge
18Court may order further particulars
19Charge may be worded in alternative
20Charge may be representative
21Court may amend or divide alternative or representative charge
22Certain charges to disclose range of penalties and previous convictions
23Offence relating to false or misleading information in charging document
24Endorsement of consent
25Time for filing charging document
26Private prosecutions
27Power of Registrar to compile charging information
28Summons in relation to charge may be served
29Summons following evidential breath test
30Provisions relating to summons issued under section 28 or 29
31Charging document must be filed promptly
32Decision to change charge following summons
33Summons to defendant in private prosecution
34Warrant may be issued if summons cannot be served
35Court dealing with proceeding before trial or transfer for trial: categories 1 to 3
36Court dealing with proceeding before transfer for trial: category 4
37Defendant may enter plea
38Right to plead to category 1 offence by notice
39Requirement for defendant to plead
40Not guilty plea for category 4 offence
41Defendant who refuses or fails to plead under section 39 or 49(3)
42Defendant may change plea of not guilty
43Procedure if defendant indicates intention to plead guilty but does not do so
44Plea where charge alleges previous conviction
45Special pleas
46Previous conviction
47Previous acquittal
48Pardon
49Procedure for dealing with special plea
50Defendant charged with category 3 offence may elect trial by jury
51Timing of election
52Judicial officer or Registrar may receive elections
53Withdrawal of election
54Adjournment for case review
55Case management discussions and case management memorandum
56Information to be provided in case management memorandum
57Case review
58Court may give directions about case management procedure
59Judge may direct case management procedure for category 1 offence
60Meaning of sentence indication
61Giving sentence indication
62Further provisions relating to giving sentence indication
63Offence and penalty relating to sentence indication
64Duration of sentence indication
65Request for sentence indication not admissible in proceeding
66Establishment of protocol
67District Court Judge may recommend level of trial court for protocol offence
68High Court Judge must determine level of trial court for protocol offences
69Proceedings not invalid
70High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court
71Category 1 offences
72Category 2 offences
73Category 3 offences
74Category 4 offences
75Transfer of certain proceedings for category 2 and 3 offences to trial court
76Transfer of proceeding from trial court to new trial court
77Notice that defendant to be tried in High Court
78Court may order pre-trial admissibility hearing if trial to be Judge-alone trial
79Pre-trial admissibility hearing and order that evidence admissible
80Court may order that certain pre-trial processes under subpart 8 apply
81Application of this subpart
82Requirements for formal statements
83False statement in formal statement deemed to be perjury
84Persons who may give evidence under assumed name
85Prosecutor must file formal statements
86Evidential status of formal statements
87Trial callover memoranda to be filed in trial court
88Information to be provided in trial callover memoranda
89Unrepresented defendants at trial callover hearing
90Application for oral evidence order
91Application for leave to question undercover Police officer’s identity must be dealt with by High Court
92Making oral evidence order
93Further consideration if application for oral evidence order for complainant in case of sexual nature
94Withdrawal of charge if oral evidence order made for examination of undercover Police officer
95By whom oral evidence of witness to be taken
96Restriction on who may take oral evidence of complainant in case of sexual nature
97Persons who may be present if oral evidence taken from complainant in case of sexual nature
98Application of sections 103 to 105 of Evidence Act 2006
99Oral evidence must be recorded
100Proceeding may be continued despite witness’s failure to appear or give evidence
101Pre-trial order relating to admissibility of evidence: jury trial
102Judge may order Judge-alone trial in cases likely to be long and complex
103Judge may order Judge-alone trial in cases involving intimidation of juror or jurors
104Procedure for trial ordered under section 102 or 103
105Conduct of Judge-alone trial
106Decision of court
107Conduct of jury trial
108Procedure if charge alleges previous conviction
109Discretion to keep jury together
110Part of murder charge proved
111Alibi
112Court must dismiss charge in certain cases
113Adjourning trial for witness
114Procedure after defendant pleads or is found guilty
115Plea of guilty may be withdrawn by leave of court
116Effect of sentence indication
117Defendant generally may be present at all hearings
118Hearings at which defendant must be present
119Non-attendance of defendant charged with offence in category 1
120Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered
121Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing
122Non-attendance of defendant at trial for offence in category 2, 3, or 4
123Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant
124Procedure when hearing proceeds in absence of defendant
125Retrial if defendant found guilty in his or her absence
126Rehearing if defendant sentenced for category 1 offence in his or her absence
127Registrar may deal with applications in relation to category 1 offences
128Effect of application for retrial or rehearing on rights of appeal
129Procedure if retrial or rehearing ordered
130Dealing with defendant pending retrial or rehearing
131Powers of court when prosecutor does not appear
132Powers of court when neither party appears
133Amendment of charge
134Procedure if charge amended before trial
135Procedure if charge amended after order made under section 68 or 70
136Procedure if charge amended during trial
137Proceedings against parties to offences, accessories, and receivers
138Trial of different charges together
139Procedure if charges to be heard together
140Procedure if charges to be heard together include new charges
141Conviction where alternative allegations proved in Judge-alone trial
142Dealing with charge that fails to disclose range of penalties and previous convictions when required
143Included offences
144Conviction of parties
145Conviction of charge containing allegation of previous conviction
146Withdrawal of charge
147Dismissal of charge
148Prosecutor must notify court if defendant completes programme of diversion
149Attempt proved when offence is charged
150Offence proved when attempt is charged
151Order for retrial may be granted if acquittal tainted
152Meaning of terms used in sections 153 and 154
153Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
154Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
155Orders to safeguard fairness of retrial
156Effect of order for retrial
157Transfer of proceedings to court at different place or different sitting
158Attendance of witness at substitute court
159Issue of summons to witness
160Summons to witness to non-party disclosure hearing
161Issue of warrant to obtain attendance of witness
162To whom warrant to be directed and power of person executing warrant to enter premises
163Withdrawal of warrant
164Dealing with witness arrested under warrant
165Witness refusing to give evidence may be imprisoned
166Witnesses at hearing
167Power to adjourn
168Dealing with defendant on adjournment
169Order for detention of defendant in hospital or secure facility
170Defendant in custody may be brought up before expiry of period of adjournment
171Defendants under 16 must not be imprisoned pending hearing or sentence
172Defendants aged 16 must not be imprisoned pending hearing or sentence except in certain circumstances
173Remand of defendant under 17 in residence or care
174Remand of defendant under 17 years for assessment report
175Remand of defendants aged 17 to 20 years
176Stay of proceedings
177Court may order retrial or rehearing as to sentence in certain cases
178Procedure if retrial or rehearing ordered
179Dealing with defendant pending retrial or rehearing
180Court may correct erroneous sentence
181Application of chief executive of Department of Corrections to correct erroneous sentence
182Procedure if court corrects erroneous sentence
183Transfer to wrong court
184Permanent court record
185Solicitor-General responsible for general oversight of public prosecutions
186Attorney-General’s responsibility and powers not affected
187Assumption of responsibility for Crown prosecutions by Solicitor-General
188Duty of Crown prosecutor to comply with Solicitor-General’s directions
189Crown prosecution notice must be filed
190Power of Solicitor-General or Crown prosecutor to amend charge
191Power of Solicitor-General or Crown prosecutor to add new charges
192Power of Solicitor-General or Crown prosecutor to withdraw charge
193Independence of Solicitor-General and Crown prosecutors
194Interpretation
195Context in which publication prohibited
196Court proceedings generally open to public
197Power to clear court
198Exception for members of media
199Court must be cleared when complainant gives evidence in cases of sexual nature
200Court may suppress identity of defendant
201Automatic suppression of identity of defendant in specified sexual cases
202Court may suppress identity of witnesses, victims, and connected persons
203Automatic suppression of identity of complainant in specified sexual cases
204Automatic suppression of identity of child complainants and witnesses
205Court may suppress evidence and submissions
206Power of Registrar to make and renew interim suppression orders
207Court must give reasons
208Duration of suppression order and right of review
209Publication by or at request of Police, etc
210Standing of members of media
211Offences and penalties
212Interpretation
213Leave to appeal
214Duty to determine appeal subject to sections 337 and 338
215Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case
216Refusal to give leave to appeal under section 215
217Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case
218Right of appeal by defendant only against pre-trial decisions in jury trial case
219First appeal courts
220How to commence first appeal
221First appeal court to determine appeal
222Trial court may allow trial to proceed
223Right of appeal against determination of first appeal court
224Second appeal courts
225How to commence second appeal
226Second appeal court to determine appeal
227High Court’s determination of second appeal final
228Further appeal from determination of second appeal by Court of Appeal
229Right of appeal against conviction
230First appeal courts
231How to commence first appeal
232First appeal court to determine appeal
233Orders, etc, on successful first appeal
234Conviction and sentence for different offence may be substituted
235Acquittal on account of insanity
236Confirmation or substitution of sentence for another offence
237Right of appeal against determination of first appeal court
238Second appeal courts
239How to commence second appeal
240Second appeal court to determine appeal
241Orders, etc, on successful second appeal
242High Court’s determination of second appeal final
243Further appeal from determination of second appeal by Court of Appeal
244Convicted person’s right of appeal against sentence
245Right of appeal against sentence not affected by sentence indication
246Prosecutor’s right of appeal
247First appeal courts
248How to commence first appeal
249Appeal by prosecutor treated as abandoned if not heard before sentence completed
250First appeal court to determine appeal
251Orders, etc, on successful first appeal
252Defendant may not withdraw guilty plea after sentence imposed on appeal
253Right of appeal against determination of first appeal court
254Second appeal courts
255How to commence second appeal
256Second appeal court to determine appeal
257Orders, etc, on successful second appeal
258High Court’s determination of second appeal final
259Further appeal from determination of Court of Appeal
260Right of appeal against finding of or sentence for contempt of court
261First appeal courts
262How to commence first appeal
263First appeal court to determine appeal
264Right of appeal against determination of first appeal court
265Second appeal courts
266How to commence second appeal
267Second appeal court to determine appeal
268High Court’s determination of second appeal final
269Further appeal from determination of Court of Appeal
270Interpretation
271Right of appeal to first appeal court against decision about costs order
272First appeal courts
273How to commence first appeal
274First appeal court to determine appeal
275Appeal not to suspend trial
276Right of appeal against determination of first appeal court
277Second appeal courts
278How to commence second appeal
279Second appeal court to determine appeal
280High Court’s determination of second appeal final
281Further appeal from determination of Court of Appeal
282Interpretation
283Right of appeal against decision on suppression order
284First appeal courts
285How to commence first appeal
286Interim suppression order pending determination of first appeal
287First appeal court to determine appeal
288Trial court may allow trial to proceed
289Right of appeal against determination of first appeal court
290Second appeal courts
291How to commence second appeal
292Interim suppression order pending determination of second appeal
293Second appeal court to determine appeal
294Determination of High Court final
295Further appeal from determination of Court of Appeal
296Right of appeal
297First appeal courts
298How to commence first appeal
299Power of first appeal court to amend question stated
300First appeal court to determine appeal
301Deferral or adjournment of trial if notice of application for leave to appeal filed
302How determination of appeal affects outcome of trial
303Right of appeal against determination of first appeal court
304Second appeal courts
305How to commence second appeal
306Second appeal court to determine appeal
307Orders, etc, on successful second appeal
308High Court’s determination of second appeal final
309Further appeal from determination of Court of Appeal
310Relationship to other appeals
311Right of appeal
312Right of appeal
313Solicitor-General may refer certain questions to Court of Appeal
314Procedure for references under section 313
315Rights of appeal to Supreme Court
316Procedure for appeals under section 315
317Solicitor-General may refer question to Supreme Court
318Procedure for references under section 317
319Power of Court of Appeal or Supreme Court to amend question referred
320Meaning of related right of appeal
321Related appeals that are to be heard by Court of Appeal
322Duty of Solicitor-General
323Duties of Registrar
324Custody of exhibits, etc
325Right of representation at hearing
326Right of attendance at hearing
327Hearings in Court of Appeal
328Hearings in District Court or High Court
329Hearings in Court of Appeal or Supreme Court
330Hearings in District Court or High Court
331Provisions about hearing on papers
332Powers exercisable by Judge of Supreme Court
333Powers exercisable by Judges of Court of Appeal
334Power to receive and hear evidence
335Special powers of appeal courts in appeal involving conviction, sentence, or contempt
336Powers of appeal courts
337Abandonment of appeal by appellant
338Power of appeal court to dismiss appeal for non-compliance with procedural orders
339Appeal against dismissal under section 338
340Reasons to accompany judgment or be given later
341Delivery of judgment by District Court, High Court, or Court of Appeal
342Judgment to be provided to parties
343General effect of appeal on sentence
344Issue of committal order for detention of convicted person
345How appeal affects community-based sentences
346Registrar to notify resumption of sentence
347Reporting requirement where sentence resumed after unsuccessful or abandoned appeal
348How appeal affects non-association orders
349Fine recovery not to be enforced pending contempt appeal
350Successful appellant entitled to return of amount paid under sentence
351Detention following appeal
352Revesting and restitution of property on conviction
353Jurisdiction of District Court Judges
354Jurisdiction of District Courts in relation to jury trials
355Jurisdiction of Justices
356Jurisdiction of Community Magistrates
357Jurisdiction of Community Magistrates to impose sentence in respect of certain category 2 offences
358Power to impose penalties provided for in Land Transport Act 1998
359Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998
360Power of Community Magistrates to decline jurisdiction
361Jurisdiction of Justices and Community Magistrates to take pleas
362Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders
363Power to transfer matter to District Court presided over by District Court Judge
364Costs orders
365Contempt of court
366Application for order for bond to keep the peace
367Making of order for bond
368Form of, and entering into, bond
369Making of order for bond where person charged with offence
370Refusal to enter into bond
371Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
372Forfeiture of bond
373Registrar who is also constable
374Witnesses’ expenses
375Conviction not to be recorded for infringement offences
376Person sentenced, etc, deemed to be convicted
377Restitution of property
378Who may take affidavit
379Proceedings not to be questioned for want of form
380Proceedings not invalid because defendant should have been dealt with in Youth Court
381Payment of fees, fines, etc
382Payment and recovery of fees
383Enforcement of fines
384Enforcement of fines imposed or varied by appeal court
385Application of section 168 during epidemic
385AJudge or Registrar may waive certain fees
386Rules
387Regulations
388Application of provisions regarding sentence indications to existing proceedings
389Transitional provision regarding terminology in relation to sentence indication provisions
390Transitional provision regarding terminology in relation to public access and restrictions on reporting
391Application of amendments made by section 393
392Transitional provision regarding appeals by members of media
393Consequential amendments relating to public access and restriction on reporting provisions
394Meaning of commencement date
395Cities, boroughs, and other places appointed for District Courts under District Courts Act 1947
396Savings provision in relation to warrants held under section 28B of District Courts Act 1947
397Proceedings commenced before commencement date
398Proceedings commenced after commencement date
399Absconding defendants
400Defendants and proceedings to be tried together
401No proceeding invalid if wrongly conducted in accordance with old law
402Transitional provision regarding withdrawal of warrants to arrest
403Transitional provision regarding dealing with witness arrested under warrant
403ATransitional provision regarding effect of appeal on sentence of home detention
404Transitional provision regarding correction of erroneous sentence
404AAccess to court documents
405Limitation periods
406Retrial following acquittal in summary proceedings
406ASavings
407Transitional provision relating to abandonment of appeals to Court of Appeal
408Regulations providing for transitional matters [Expired]
409Regulations making consequential amendments [Expired]
410Expiry of sections 408 and 409
411Criminal Justice Act 1985 repealed
412Criminal Justice Regulations 1985 revoked
413Amendments to other enactments
Reprint notes

The Parliament of New Zealand enacts as follows: