Criminal Procedure (Reform and Modernisation) Bill

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Hon Simon Power

Criminal Procedure (Reform and Modernisation) Bill

Government Bill

243—2

As reported from the Justice and Electoral Committee

Contents

Commentary

Key

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 appear for defendant at hearings

11 Who may conduct proceedings for defendant

11A Representatives of corporations

Procedural requirements in Act, regulations, and rules

11B Procedural requirements of Act, regulations, and rules to be followed

Part 2
Commencement of proceedings and preliminary steps

Subpart 1Filing a charging document

12 Commencement of criminal proceedings

12A Any person may commence proceeding

13 Charging documents

14 Content of charge

15 Court may order further particulars

16 Charge may be worded in alternative

17 Charge may be representative

18 Court may amend or divide alternative or representative charge

19 Certain charges to disclose range of penalties and previous convictions

20 Who can file charging document

20 Offence relating to false or misleading information in charging document

21 Endorsement of consent

22 Time for filing charging document

23 Manner of authentication and filing charging document

23 Private prosecutions

24 Power of Registrar to compile charging information

Subpart 2Notifying defendant of court appearance

25 Summons in relation to charge may be served

26 Summons following evidential breath test

27 Provisions relating to summons issued under section 25 or 26

28 Charging document must be filed promptly

29 Decision to change charge following summons

30 Private prosecutions

30 Summons to defendant in private prosecution

31 Warrant may be issued if summons cannot be served

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

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

32A Court dealing with proceeding before transfer for trial: category 4

Part 3
Procedure before trial

Subpart 1Pleas

Entering plea

33 Right to plead to category 1 offence by notice to Registrar

34 Registrar may receive not guilty plea

35 Requirement on defendant to plead

36 Entry of plea

37 Defendant who refuses or fails to plead under section 35

38 Defendant may amend plea to guilty

33 Defendant may enter plea

34 Right to plead to category 1 offence by notice

35 Requirement for defendant to plead

35A Not guilty plea for category 4 offence

36 Defendant who refuses or fails to plead under section 35 or 47(3)

37 Defendant may change plea of not guilty

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

39 Procedure if defendant makes request under section 38

40 Plea where charge alleges previous conviction

41 Entry of plea by representative of corporation

Special pleas

42 Special pleas

43 Previous conviction

44 Previous acquittal

45 Plea of previous conviction or acquittal where charge of murder, manslaughter, or infanticide

46 Pardon

47 Procedure for dealing with special plea

Subpart 2Decision regarding trial by jury for category 3 offences

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

49 Timing of election

50 Judge or Registrar may receive elections

50 Judicial officer or Registrar may receive elections

51 Withdrawal of election

Subpart 3Case management

52 Adjournment for case management

53 Information to be provided in case management memoranda

54 Case review hearing

55 Procedure if no case review hearing

56 Court may authorise departure from case management procedure

57 Court may direct case management procedures apply to charges for category 1 offences

52 Adjournment for case review

53 Case management discussions and case management memorandum

54 Information to be provided in case management memorandum

55 Case review

56 Court may give directions about case management procedure

57 Judge may direct case management procedure for category 1 offence

Subpart 3ASentence indications

Sentence indications

58 Meaning of sentence indication

59 Giving sentence indication

60 Further provisions relating to giving sentence indication

61 Further provisions relating to giving and reporting sentence indication

61 Offence and penalty relating to sentence indication

62 Duration of sentence indication

63 Request for sentence indication not admissible in proceeding

Subpart 3BNotification of issues in dispute

Notification of issues in dispute

64 Defendant must notify issues in dispute

65 Leave to give notice out of time

65 Defendant may give notice out of time

65A Conduct of defendant's case

66 Defendant may give notice at any time that issue no longer in dispute

67 Conduct that may be failure to notify adequately issues in dispute

Subpart 4Determination of level of trial court for category 2 and 3 offences

Determination of level of trial court for protocol offences

68 Establishment of protocol

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

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

71 Proceedings not invalid

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

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

Subpart 5Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

73 Category 1 offences

73A Category 2 offences

74 Designation of proceedings for category 3 offences as ready to proceed

75 Category 3 offences

76 Category 4 offences

76A Transfer of certain proceedings for category 2 and 3 offences to trial court

76B Transfer of proceeding from trial court to new trial court

77 Notice that defendant to be tried in High Court

Subpart 6Provisions 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 7 apply

Subpart 7Provisions 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

87 Trial callover memoranda to be filed in trial court

88 Information to be provided in trial callover memoranda

89 Unrepresented defendants

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 Inference from failure to notify adequately issues in dispute

107 Decision of court

Retrials

108 Judicial officer may order retrial or rehearing as to sentence

109 Procedure if retrial or rehearing ordered

Subpart 2Provisions applying to jury trials

Conduct of jury trial

110 Conduct of jury trial

Charge alleging previous conviction

111 Procedure if charge alleges previous conviction

Provisions relating to identification of issues in dispute

112 References by prosecutor in jury trial to failure to notify adequately issues in dispute

112A References by co-defendant in jury trial to failure to notify adequately issues in dispute

113 References by court in jury trial to failure to notify adequately issues in dispute

114 Instruction to jury regarding drawing inferences from failure to identify issues in dispute

Discretion to keep jury together

115 Discretion to keep jury together

Part of murder charge proved

116 Part of murder charge proved

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

Alibi

117 Alibi

Dismissal of charge in certain cases

118 Court must dismiss charge in certain cases

Witnesses

119 Adjourning trial for witness

Part 5
General provisions

Subpart 1Conduct of proceeding

Defendants who plead guilty or are found guilty

120 Procedure after defendant pleads or is found guilty

121 Plea of guilty may be withdrawn by leave of court

122 Effect of sentence indication

Representatives of corporations

123 Representatives of corporations

Presence of defendant at hearings

124 Defendant generally may be present at all hearings

125 Hearings at which defendant must be present

Powers of court when defendant does not appear

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

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

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

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

128A Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant

129 Procedure when hearing proceeds in absence of defendant

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

130 Judicial officer or Registrar must order retrial in certain category 1 cases

131 Court may order retrial where defendant found guilty of category 2, 3, or 4 offence in his or her absence

130 Retrial if defendant found guilty in his or her absence

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

131A Registrar may deal with applications in relation to category 1 offences

132 Procedure relating to application for retrial

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

132A Procedure if retrial or rehearing ordered

132B Dealing with defendant pending retrial or rehearing

Powers of court when prosecutor does not appear

133 Powers of court when prosecutor does not appear

Powers of court when neither party appears

134 Powers of court when neither party appears

Amendment of charge

135 Amendment of charge

136 Procedure if charge is amended before trial

137 Procedure if charge amended after order made under section 70 or 72

137 Procedure if charge amended after order made under section 70 or 72

138 Procedure if charge amended during trial

Proceedings conducted together

139 Proceedings against parties to offences, accessories, and receivers

140 Trial of different charges together

141 Procedure if charges to be heard together

141A Procedure if charges to be heard together include new charges

Further provisions relating to charges

142 Conviction where alternative allegations proved in Judge-alone trial

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

144 Included offences

144A 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

Special provisions for taking evidence

159 Order for taking evidence of witness at a distance

160 Order for taking evidence of person about to leave country

161 Power to take statement of person dangerously ill

162 Provision for person in custody to be present at taking of statement

Proving previous convictions on sentencing

163 Proving previous convictions on sentencing

Obtaining attendance of witnesses

164 Issue of summons to witness

165 Summons to witness to non-party disclosure hearing

166 Issue of warrant to obtain attendance of witness

Provisions relating to warrants to arrest defendant or witness

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

168 Withdrawal of warrant

Dealing with witness arrested under warrant

169 Dealing with witness arrested under warrant

Dealing with witnesses at the court

170 Witness refusing to give evidence may be imprisoned

171 Witnesses at hearing

Adjournments and bail

172 Power to adjourn

173 Dealing with defendant on adjournment

174 Warrant for detention of defendant in hospital or secure facility

175 Power of Registrar to adjourn

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

Mode of issuing summons and warrants issued under this Act

177 Mode of issuing summons and warrants issued under this Act

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

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

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

180 Remand of defendant under 17 in residence or care

181 Remand of defendant under 17 years for assessment report

182 Remand of defendants aged 17 to 20 years

Stay of proceedings

183 Stay of proceedings

Retrial or rehearing

183A Court may order retrial or rehearing as to sentence in certain cases

183B Procedure if retrial or rehearing ordered

183C Dealing with defendant pending retrial or rehearing

Mode of service

184 Service of documents

Correction of erroneous sentence

185 Court may correct erroneous sentence

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

187 Judge may correct erroneous sentence

187 Procedure if court corrects erroneous sentence

Transfer to wrong court

188 Transfer to wrong court

Permanent court record

189 Permanent court record

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

190 Solicitor-General responsible for general oversight of public prosecutions

191 Attorney-General's responsibility and powers not affected

192 Assumption of responsibility for Crown prosecutions by Solicitor-General

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

194 Crown prosecution notice must be filed

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

195A Power of Solicitor-General or Crown prosecutor to add new charges

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

197 Independence of Solicitor-General and Crown prosecutors

Subpart 3Public access and restrictions on reporting

Terms used in this subpart

198 Interpretation

199 Context in which publication prohibited

Court proceedings generally open to public

200 Court proceedings generally open to public

Power to clear court

201 Power to clear court

202 Exception for members of media

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

Suppression of names

204 Court may suppress identity of defendant

205 Automatic suppression of identity of defendant in specified sexual cases

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

207 Automatic suppression of identity of complainant in specified sexual cases

208 Automatic suppression of identity of child complainants and witnesses

Suppression of evidence and submissions

209 Court may suppress evidence and submissions

Powers of Registrar

210 Power of Registrar to make and renew interim suppression orders

General provisions relating to suppression orders

211 Court must give reasons

212 Duration of suppression order and right of review

213 Publication by or at request of Police, etc

214 Standing of members of media

Offences relating to breach of suppression provisions and orders

215 Offences and penalty

215 Offences and penalties

216 Liability of Internet service providers

Part 6
Appeals

Subpart 1General matters

217 Interpretation

218 Leave to appeal

219 Duty to determine appeal subject to sections 337 and 338

Subpart 2Appeals against pre-trial decisions

First appeals

220 Right of appeal by prosecutor or defendant against pre-trial admissibility decision in Judge-alone case

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

221 Refusal to give leave to appeal under section 220

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

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

224 First appeal courts

225 How to commence first appeal

226 First appeal court to determine appeal

226A Trial court may allow trial to proceed

Further appeals

227 Right of appeal against determination of first appeal court

228 Second appeal courts

229 How to commence second appeal

230 Second appeal court to determine appeal

231 High Court's determination of second appeal final

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

Subpart 3Appeals against conviction

First appeals

233 Right of appeal against conviction

234 First appeal courts

235 How to commence first appeal

236 First appeal court to determine appeal

237 Orders, etc, on successful first appeal

238 Conviction and sentence for different offence may be substituted

238 Conviction and sentence for different offence may be substituted

239 Acquittal on account of insanity

240 Confirmation or substitution of sentence for another offence

Further appeals

241 Right of appeal against determination of first appeal court

242 Second appeal courts

243 How to commence second appeal

244 Second appeal court to determine appeal

244 Second appeal court to determine appeal

245 Orders, etc, on successful second appeal

246 High Court's determination of second appeal final

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

Subpart 4Appeals against sentence

First appeals

248 Convicted person's right of appeal against sentence

249 Right of appeal against sentence not affected by sentence indication

250 Prosecutor's right of appeal

251 First appeal courts

252 How to commence first appeal

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

254 First appeal court to determine appeal

255 Orders, etc, on successful first appeal

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

Further appeals

257 Right of appeal against determination of first appeal court

258 Second appeal courts

259 How to commence second appeal

260 Second appeal court to determine appeal

260 Second appeal court to determine appeal

261 Orders, etc, on successful second appeal

262 High Court's determination of second appeal final

263 Further appeal from determination of Court of Appeal

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

First appeals

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

265 First appeal courts

266 How to commence first appeal

267 First appeal court to determine appeal

Further appeals

268 Right of appeal against determination of first appeal court

269 Second appeal courts

270 How to commence second appeal

271 Second appeal court to determine appeal

272 High Court's determination of second appeal final

273 Further appeal from determination of Court of Appeal

Subpart 6Appeals against decisions on costs orders

First appeals

274 Interpretation

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

276 First appeal courts

277 How to commence first appeal

278 First appeal court to determine appeal

279 Appeal not to suspend trial

Further appeals

280 Right of appeal against determination of first appeal court

281 Second appeal courts

282 How to commence second appeal

283 Second appeal court to determine appeal

284 High Court's determination of second appeal final

285 Further appeal from determination of Court of Appeal

Subpart 7Appeals against suppression orders

First appeals

286 Interpretation

287 Right of appeal against decision on suppression order

288 First appeal courts

289 How to commence first appeal

290 Interim suppression order pending determination of first appeal

291 First appeal court to determine appeal

292 Certain appeals not to suspend trial

292 Trial court may allow trial to proceed

Further appeals

293 Right of appeal against determination of first appeal court

294 Second appeal courts

295 How to commence second appeal

295A Interim suppression order pending determination of second appeal

296 Second appeal court to determine appeal

297 Determination of High Court final

298 Further appeal from determination of Court of Appeal

Subpart 8Appeals on question of law

First appeals

299 Right of appeal

300 First appeal courts

301 How to commence first appeal

302 Power of first appeal court to amend question stated

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

304 First appeal court to determine appeal

304A Deferral or adjournment of trial if notice of application for leave to appeal filed

305 How determination of appeal affects outcome of trial

Further appeals

306 Right of appeal against determination of first appeal court

307 Second appeal courts

308 How to commence second appeal

309 Second appeal court to determine appeal

310 Orders, etc, on successful second appeal

311 High Court's determination of second appeal final

312 Further appeal from determination of Court of Appeal

313 Relationship to other appeals

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

314AA Right of appeal

Subpart 9Appeals relating to peace bond decisions

314 Right of appeal

Subpart 10Solicitor-General's references

315 Solicitor-General's right to refer question of law to Court of Appeal

316 Appeal against Court of Appeal's refusal to give leave

317 Appeal against Court of Appeal's decision on question of law

318 Solicitor-General's right to refer question of law to Supreme Court where no appeal available to prosecutor

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

316 Procedure for references under section 315

317 Rights of appeal to Supreme Court

318 Procedure for appeals under section 317

318A Solicitor-General may refer question to Supreme Court

318B Procedure for references under section 318A

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

Subpart 11Further 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 Court of Appeal and Supreme Court have same powers as in civil appeals

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

352A Jurisdiction of District Court Judges

Jurisdiction of District Courts in relation to jury trials

352B Jurisdiction of District Courts in relation to jury trials

Jurisdiction of District Court presided over by 1 or more Justices

353 Jurisdiction of Justices

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

354 Jurisdiction of Community Magistrates

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

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

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

358 Power of Community Magistrates to decline jurisdiction

358A Jurisdiction of Justices and Community Magistrates to take pleas

358B Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders

Transfer to District Court presided over by District Court Judge

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

Jurisdiction of District Courts in relation to jury trials

360 Jurisdiction of District Courts in relation to jury trials

Part 8
Miscellaneous and transitional provisions

Subpart 1Costs orders and contempt

361 Costs orders

362 Contempt of court

Subpart 2Conservation of the peace

363 Application for order for bond to keep the peace

364 Making of order for bond

365 Form of, and entering into, bond

366 Making of order for bond where person charged with offence

367 Refusal to enter into bond

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

369 Forfeiture of bond

Subpart 3Miscellaneous provisions

370 Registrar who is also constable

371 Witnesses' expenses

372 Conviction not to be recorded for infringement offences

373 Person sentenced, etc, deemed to be convicted

374 Restitution of property

375 Who may take affidavit

376 Proceedings not to be questioned for want of form

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

378 Payment of fees, fines, etc

379 Payment and recovery of fees

380 Enforcement of monetary penalties

380 Enforcement of fines

380A Enforcement of fines imposed or varied by appeal court

381 Application of section 173 during epidemic

Rules and regulations

382 Rules

383 Regulations

Subpart 4Transitional and savings provisions

384 Meaning of commencement date

Transitional matters in relation to provisions brought into force under section 2(1)

385 Transitional provision for sentence indications

Transitional provisions regarding sentence indications

385 Application of provisions regarding sentence indications to existing proceedings

385A Transitional provision regarding terminology in relation to sentence indication provisions

Transitional provisions regarding public access and restrictions on reporting

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

386A Application of amendments made by section 387

386B Transitional provision regarding appeals by members of media

387 Expiry of sections 385 and 386

387 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)

388AA Meaning of commencement date

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

388A Savings provision in relation to warrants held under section 28B of District Courts Act 1947

389 Proceedings commenced before the commencement date

389 Proceedings commenced before commencement date

390 Proceedings commenced after the commencement date

390 Proceedings commenced after commencement date

391 Absconding defendants

392 Defendants and proceedings to be tried together

393 No proceeding invalid if does not comply with section 391 or 392

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

393A Transitional provision regarding withdrawal of warrants to arrest

393B Transitional provision regarding dealing with witness arrested under warrant

393C Transitional provision regarding correction of erroneous sentence

394 Limitation periods

395 Retrial following acquittal in summary proceedings

Other transitional matters

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

397 Regulations and other enactments having effect under this Act

398 Regulations relating to enforcement of infringement offences and fines

399 Regulations providing for transitional matters

400 Regulations making consequential amendments

400A Expiry of sections 399 and 400

Part 9
Amendments to other enactments

Amendments to Bail Act 2000

401 Amendments to Bail Act 2000

402 Consideration of just cause for continued detention

402 Exercise of discretion when considering bail pending sentencing

403 Section 19 substituted

404 Defendant admitted to bail by Police employee

405 Conditions of bail

405 Conditions of bail

405A Transitional provision regarding offence provision under new section 19 of Bail Act 2000

405B Transitional provision regarding section 403

405C Transitional provision regarding sections 402 and 405

406 Expiry of section 405

407 Further amendments to Bail Act 2000

407A Application of amendments made by section 407

Amendments to Children, Young Persons, and Their Families Act 1989

407B Amendments to Children, Young Persons, and Their Families Act 1989

407C Amendments to Children, Young Persons, and Their Families Act 1989

407D Application of amendments made by section 407C

Amendments to Corrections Act 2004

408 Amendments to Corrections Act 2004

409 New section 34A inserted

410 New section 190A inserted

410A Further amendments to Corrections Act 2004

Amendments to Crimes Act 1961

410B Amendments to Crimes Act 1961

411 Duty of persons arresting

411A Transitional provision regarding execution of warrant to arrest

411B Further amendments to Crimes Act 1961

Amendments to Criminal Disclosure Act 2008

412 Amendments to Criminal Disclosure Act 2008

413 Initial disclosure

414 New section 14A inserted

415 Restriction on disclosing address of witness or informant

415A New section 34A inserted

415B Further amendments to Criminal Disclosure Act 2008

Criminal Justice Act 1985

416 Criminal Justice Act 1985 repealed

Criminal Justice Regulations 1985

417 Criminal Justice Regulations 1985 revoked

Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003

417A Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003

417B Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003

417C Application of amendments made by section 417B

Amendments to District Courts Act 1947

418 Amendments to District Courts Act 1947

419 New section 5B inserted

420 New sections 11CA to 11CE inserted

420A Further amendments to District Courts Act 1947

Amendments to Evidence Act 2006

421 Amendments to Evidence Act 2006

422 Fact-finder not to be invited to infer guilt from defendant's silence before trial

423 New section 46A inserted

423A Further amendments to Evidence Act 2006

Amendments to Juries Act 1981

424 Amendments to Juries Act 1981

425 Application

426 Discharge of juror or jury

427 Consequences of discharge under section 22

427A Further amendments to Juries Act 1981

Amendment to Justices of the Peace Act 1957

427B Amendments to Justices of the Peace Act 1957

427C Functions and powers of Justices

428 New sections 4A to 4F inserted

Amendment to New Zealand Bill of Rights Act 1990

428B Amendment to New Zealand Bill of Rights Act 1990

429 Rights of persons charged

Amendments to Sentencing Act 2002

430 Amendments to Sentencing Act 2002

431 Aggravating and mitigating factors

432 New section 81B inserted

433 New section 143A inserted

433A Other amendments to Sentencing Act 2002

Amendments to Summary Proceedings Act 1957

434 Amendments to Summary Proceedings Act 1957

435 Withdrawal of warrant

435A Transitional provision regarding withdrawal of warrants to arrest

436 Expiry of section 435

437 Other amendments to Summary Proceedings Act 1957

437A Transitional provision relating to enforcement of fines

437B Repeal of sections 19 and 20 Summary Proceedings Amendment Act (No 2) 2008

Amendments to Victims' Rights Act 2002

438 Amendments to Victims' Rights Act 2002

439 Procedure before ascertaining information from victim

440 Form and verification of information ascertained

441 New section 21A inserted

441A Transitional provision regarding submitting victim impact statement for purpose of sentence indication

441B Other amendments to Victims' Rights Act 2002

Amendments to other enactments

442 Amendments to other enactments

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

Schedule 1
Category 4 offences

Schedule 1A
Consequential amendments relating to public access and restrictions on reporting provisions

Schedule 2
Amendments to Bail Act 2000

Schedule 3
Amendments to Children, Young Persons, and Their Families Act 1989

Schedule 3A
Amendments to Corrections Act 2004

Schedule 3B
Amendments to Crimes Act 1961

Schedule 3C
Amendments to Criminal Disclosure Act 2008

Schedule 4
Amendments to Criminal Procedure (Mentally Impaired Persons) Act 2003

Schedule 4A
Amendments to District Courts Act 1947

Schedule 4B
Amendments to Evidence Act 2006

Schedule 4C
Amendments to Juries Act 1981

Schedule 4D
Amendments to Sentencing Act 2002

Schedule 5
Amendments to Summary Proceedings Act 1957

Schedule 5A
Amendments to Victims' Rights Act 2002

Schedule 6
Amendments to other enactments

Schedule 7
Consequential amendments relating to public access and restrictions on reporting provisions

Legislative history


The Parliament of New Zealand enacts as follows: