Criminal Procedure Rules 2012

Reprint as at 15 August 2016

Coat of Arms of New Zealand

Criminal Procedure Rules 2012

(SR 2012/415)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of December 2012

Present:
Hon Gerry Brownlee presiding in Council

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.

These rules are administered by the Ministry of Justice.

Pursuant to section 386 of the Criminal Procedure Act 2011, section 122(1) of the District Courts Act 1947, and section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice, the Chief District Court Judge, and at least 2 other members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court and at least 1 was a District Court Judge), makes the following rules.

Contents

1.1Title
1.2Commencement
1.3Objective
1.4Interpretation
1.5Application of these rules
1.6Correction of accidental slip or omission
1.7Extending and shortening time
1.8Custody, etc, of exhibits
1.9Speaking in Māori or using New Zealand Sign Language
1.10Translation of documents into Māori
2.1Content of documents
2.2Authentication
2.3How to file document
2.4Documents that must be served
2.5How to serve document
2.6How certain documents to be served
2.7Service on lawyer, prisoner, body corporate, Crown organisation, etc
2.8Who is responsible for serving document
2.9Parties must provide address for service
2.10Proof of service
2.11Applications: general provisions
2.12How to make application
2.13How to make written application
2.14How to respond to application
2.15Procedure for dealing with application
3.1Charging document
3.2Summons to defendant
3.3Summons to witness
3.4Warrant to arrest defendant
3.5Warrant to detain defendant
3.6Warrant to arrest witness
3.7How to issue warrant
4.1Time of second appearance
4.2Time of case review
4.3Time of trial callover
4.4Entering plea by notice
4.5Applications under section 58 or 59 of Act relating to case management procedure
4.6Time for filing case management memorandum
4.7Information about case review
4.8Case management memorandum
4.9Sentence indications
4.10Notice of transfer of proceedings to different court or venue
4.11Crown prosecution notice
4.12Other Crown notices
4.13Notice about first appearance: unrepresented defendant
4.14Notice about protocol offence
5.1Application of this subpart
5.2Application for pre-trial admissibility hearing
5.3Application of this subpart
5.4Pre-trial applications
5.5Filing of formal statements
5.6Filing of trial callover memorandum
5.7Information about trial callover
5.8Information that must be contained in trial callover memorandum
5.9Commencing trial
5A.1Summary of facts
5A.2Application for leave to amend summary of facts
5A.3Application of this subpart
5A.4Filing of sentencing memoranda
5A.5Sentencing memoranda
5A.6Sentencing hearing
5A.7Assistance to authorities
5A.8Assistance to authorities known only to prosecutor
6.1Interpretation
6.2Application
6.3Decisions under this Part made as part of civil jurisdiction
6.4General right of access
6.5Right of prosecutor and defendant to access court file or documents
6.6Access to documents during proceedings
6.7Meaning of relevant deadline in rule 6.6
6.8Access to documents or court file in other cases
6.9Restrictions on access
6.10Matters to be taken into account
7.1Permanent court record to be kept for each court
7.2Details of permanent court record
8.1Application and interpretation
8.2Departure from this Part for reasons of urgency
8.3How to give notice of appeal or apply for leave to appeal
8.4Information required for notice of appeal or notice of application for leave to appeal
8.5Notice given out of time
8.6Reply memorandum
8.7Complaint against trial lawyer
8.8Fresh evidence
8.9Deponent may be required to give evidence orally
8.10Application for hearing on papers
8.11Period allowed for making written submissions
8.12Timing of application on papers
8.13Change of mode of hearing
8.14Application for oral hearing
8.15Notice of fixture for oral hearing
8.16Timing of submissions
9.1Revocation
Gazette Information
Reprint notes

Rules

Part 1 Preliminary and general provisions

Subpart 1—Title, commencement, objective, and interpretation

1.1 Title

These rules are the Criminal Procedure Rules 2012.

1.2 Commencement

These rules come into force on the first day on which the Criminal Procedure Act 2011 is fully in force.

Rule 1.2: these rules brought into force, on 1 July 2013, pursuant to the Criminal Procedure Act Commencement Order 2013 (SR 2013/162).

1.3 Objective

The objective of these rules is to—

(a)

regulate the practice and procedure of District Courts and the High Court in the exercise of their jurisdiction under the Act; and

(b)

secure the just and timely determination of proceedings under the Act.

1.4 Interpretation

(1)

In these rules, unless the context otherwise requires,—

address for filing means an address of a Registry at which documents may be filed, which address must include both a postal address and an electronic address

address for service means a postal address, an electronic address, or any other address for service provided in accordance with rule 2.9

chief executive means the chief executive of the department for the time being responsible for the administration of the Act

CRI means a criminal reference number given to a proceeding by the Registry of a court

CRN means a criminal record number for a charge

Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

electronic address includes an email or a fax address

electronic system used by the Registry means an electronic system that is approved by the chief executive for any particular or general purpose.

(2)

Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these rules has the meaning given by the Act.

Subpart 2—Application of rules, amendment of errors, and time

1.5 Application of these rules

(1)

These rules apply—

(a)

to proceedings to which the Act applies in a District Court or the High Court; and

(b)

to related and incidental matters.

(2)

If these rules do not make provision or sufficient provision for a matter that arises in a proceeding, the court may give any directions or rulings about the matter that the court considers appropriate in the interests of justice.

(3)

The rules are subject to any other enactment to the contrary.

1.6 Correction of accidental slip or omission

(1)

This rule applies if—

(a)

any judgment or order, or the reasons for any judgment or order, contain a clerical mistake or an error arising from any accidental slip or omission (whether the mistake, error, slip, or omission was made by an officer of the court or not); or

(b)

any judgment or order is so drawn up as not to express what was actually decided and intended.

(2)

The court or a Registrar may correct the judgment or order, or the reasons for the judgment or order,—

(a)

on the court’s or Registrar’s own initiative; or

(b)

on an application made for that purpose.

(3)

A Registrar may correct the judgment or order, or the reasons for the judgment or order, in accordance with subclause (2) only if the judgment or order in question was made by the Registrar.

1.7 Extending and shortening time

(1)

The court may, at any time, extend a time set by or under these rules for doing anything in a proceeding.

(2)

If a time set by or under these rules for doing anything in a proceeding has not ended, the court may shorten the time.

(3)

A Registrar may exercise the power of the court under this rule if both the prosecutor and the defendant consent.

(4)

In this rule, time set by or under these rules includes—

(a)

a period expressed in working days:

(b)

a period expressed by reference to 1 or more events (for example, if certain action is required to be taken before trial callover).

Subpart 3—Exhibits

1.8 Custody, etc, of exhibits

(1)

A Registrar is responsible for the custody of any exhibit filed, produced, or transferred for a proceeding in that court.

(2)

The court may direct the Registrar—

(a)

to allow a party to inspect an exhibit the custody of which is the Registrar’s responsibility; or

(b)

to release such an exhibit to a party.

(3)

A direction by the court under subclause (2) may be made on any terms and conditions that the court considers necessary to preserve the security and integrity of the exhibit or otherwise to preserve its evidential value.

(4)

An exhibit must be transferred to another court—

(a)

with the appeal file; or

(b)

if requested by that other court for the purpose of an appeal; or

(c)

if required for the purpose of determining any proceeding in that other court.

(5)

An exhibit must be returned to the person or party who filed or produced it after the expiration of any appeal period in relation to the proceeding unless—

(a)

the court has ordered or directed that the exhibit be released, retained, destroyed, forfeited, or confiscated; or

(b)

the exhibit is subject to a specific statutory regime that governs the release, retention, destruction, forfeiture, or confiscation of the exhibit.

Subpart 4—Provisions relating to speaking in Māori or using New Zealand Sign Language, and translations into Māori

1.9 Speaking in Māori or using New Zealand Sign Language

(1)

Any person entitled to speak Māori under section 7(1) of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 or to use New Zealand Sign Language under section 7(1) of the New Zealand Sign Language Act 2006 who intends to do so in any proceeding under the Act must either—

(a)

file a notice under this rule of the person’s intention to speak Māori or use New Zealand Sign Language; or

(b)

include notice of the person’s intention to speak Māori or use New Zealand Sign Language in the case management memorandum or trial callover memorandum.

(2)

The person intending to speak Māori or use New Zealand Sign Language is responsible for serving a copy of the notice filed under subclause (1)(a) on every party in the proceedings.

(3)

Despite subclause (2), where the person intending to speak Māori or use New Zealand Sign Language is a witness, the party calling the witness is responsible for serving the notice.

(4)

The notice must—

(a)

state the hearing or hearings at which the person intends to speak Māori or use New Zealand Sign Language; and

(b)

be served not later than 10 working days before the hearing at which the person intends to speak Māori or use New Zealand Sign Language.

(5)

Failure to serve or give notice in accordance with this rule does not prevent a person from speaking Māori or using New Zealand Sign Language in a proceeding, but the proceeding may be adjourned for the purpose of arranging for a competent interpreter to be present.

Rule 1.9(1): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

1.10 Translation of documents into Māori

(1)

A party or person on whom a document is served may apply to the court for a translation of the document into Māori.

(2)

An application under subclause (1) must be made not later than 10 working days after the document to which it relates is served on the applicant.

(3)

The court or a Registrar may grant the application if satisfied that the party or person is unable to read the document, but could read it if it were translated into Māori.

(4)

Unless the court orders otherwise, every subsequent document in relation to the proceeding that must be served on that party or person will be translated into Māori after it is filed in court.

(5)

The court may at any time order that the translation of any document into Māori be served on any party or person whether or not an application has been made under subclause (1).

(6)

Any translation to which this rule applies—

(a)

must be certified correct by a person holding a certificate of competency endorsed under clause 4 of Schedule 6 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016; and

(b)

must be served by a Registrar on the applicant.

Rule 1.10(6)(a): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

Part 2 Rules about documents, filing, service, and applications

Subpart 1—Content of documents and authentication

2.1 Content of documents

(1)

This rule applies to any document, other than a charging document, that is required by the Act or these rules to be filed, served, or issued.

(2)

The document must, in addition to the information required by the Act or these rules, include (if known)—

(a)

the name and place of the court where proceedings to which the document relates will be heard; and

(b)

the CRI or CRN; and

(c)

the names of the parties to the proceeding; and

(d)

the names of the prosecutor and any lawyer or representative conducting the defendant’s case; and

(e)

the section of the Act or provision of the rules to which the document relates.

2.2 Authentication

(1)

Any document that is required by the Act or these rules to be filed, served, or issued must be authenticated by the person responsible for its content.

(2)

The person responsible for its content authenticates the document by—

(a)

signing and dating the document; or

(b)

in the case of any document in an electronic form, any electronic means that adequately identifies that person and the date of authentication.

(3)

However, an affidavit or other document required to be sworn must be signed and dated.

(4)

In the absence of evidence to the contrary, any document is to be treated as having been authenticated in accordance with this rule.

Subpart 2—Filing

2.3 How to file document

(1)

Any document other than a charging document may be filed in the court—

(a)

by delivering it to the Registry by hand; or

(b)

by sending it to the Registry—

(i)

by sending it to the Registry’s address for filing; or

(ii)

by sending it to an electronic system used by the Registry.

(2)

Any charging document must be filed—

(a)

by delivering it to the Registry by hand; or

(b)

by sending it to an electronic system used by the Registry.

(3)

If any document is filed in accordance with subclause (1)(b) or (2)(b), the document is filed when it is received by the Registry.

(4)

The Registry must acknowledge receipt of any document filed by a person or party sending it electronically.

(5)

A Registrar may require that any document filed by a person or party sending it electronically must also be filed in hard-copy form.

(6)

A Registrar may require that, where a copy of any affidavit or other document that is required to be sworn is filed, the original also be filed.

(7)

If a Registrar has any doubt as to whether any document may be accepted for filing or must be treated as filed, he or she may refer the matter to a Judge, and the Judge may give a direction disposing of the matter.

Subpart 3—Service of documents

2.4 Documents that must be served

(1)

A copy of every document filed must be served on every other party, unless subclause (2) applies.

(2)

It is not necessary to serve—

(a)

an application for a warrant to arrest the defendant under section 34 of the Act; or

(b)

a notice of plea under section 37 or 38 of the Act; or

(c)

an application for a witness summons under section 159 or 160 of the Act; or

(d)

an application for a warrant to arrest a witness under section 161 of the Act.

(3)

Any summons requiring a person to appear in court under the Act must be served on that person.

(4)

Service of a copy is to be treated as service of the document, unless another enactment expressly requires an original document to be served.

2.5 How to serve document

(1)

Any document that is required by these rules to be served may be served—

(a)

by personal service; or

(b)

by sending it to the person’s address for service; or

(c)

if no address for service has been provided, by sending it to the person’s last known postal address or place of residence or business; or

(d)

by being left for the person at the person’s place of residence with a member of the person’s family living with him or her who appears to be of or over the age of 18 years; or

(e)

by any other method agreed by the parties or approved by the court or a Registrar.

(2)

Any document is personally served by leaving the document with the person to be served, or, if that person does not accept it, by putting it down and bringing it to the notice of that person.

(3)

This rule is subject to rules 2.6 and 2.7.

2.6 How certain documents to be served

(1)

This subclause applies to any—

(a)

summons in respect of a category 2, 3, or 4 offence:

(b)

application by a prosecutor for a retrial under section 151 of the Act:

(c)

application by a prosecutor for a retrial or rehearing under section 177 of the Act.

(2)

Unless otherwise directed by a Judge or unless rule 2.7 applies, a document to which subclause (1) applies that is required to be served on a person must be served—

(a)

by personal service; or

(b)

by being left for the person at the person’s place of residence with a member of the person’s family living with him or her who appears to be of or over the age of 18 years.

(3)

The court may direct that any document be served by personal service.

(4)

Subclause (3) overrides subclauses (1) and (2).

2.7 Service on lawyer, prisoner, body corporate, Crown organisation, etc

(1)

A document that is required to be served on a person represented by a lawyer who has provided an address for service may be served by delivering or sending it to, or by leaving it with, the lawyer, unless rule 2.6(1) or (3) applies or the court directs otherwise.

(2)

A document that is required to be served on a person may, in the following cases, be served by delivering or sending it to, or by leaving it with,—

(a)

in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:

(b)

in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:

(c)

in the case of a recipient who is a prisoner, the manager or other person apparently in charge of the prison:

(d)

in the case of a recipient who is in a youth justice residence, the manager or other person apparently in charge of the residence.

(3)

A document that is required to be served on a body corporate or a Crown organisation may be served—

(a)

by sending it to the body corporate or Crown organisation for the attention of an officer or employee of that body or organisation:

(b)

by delivering the document to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or by bringing it to the officer’s notice or the employee’s notice if that person refuses to accept it.

(4)

However, if the body corporate to be served is a company or an overseas company in New Zealand, service must be effected in accordance with sections 387 to 392 of the Companies Act 1993.

(5)

A document that is required to be served on an unincorporated society may be served by delivering or sending it to, or by leaving it with, the president, chairperson, secretary, or any similar officer of the society.

2.8 Who is responsible for serving document

(1)

Subject to rule 8.11 and subclause (2), a person or party who files any document to which rule 2.4(1) applies is responsible for serving the document.

(2)

A Registrar is responsible for serving any notice of appeal or notice of application for leave to appeal.

(3)

If a summons is issued by the court or a Registrar under section 33, 159, or 160 of the Act, the person or party who applied for the summons to be issued is responsible for serving the summons.

(4)

In the case of any other summons issued under the Act, a Registrar is responsible for serving the summons, unless section 28 or 29 of the Act applies.

(5)

Any document may be served on behalf of the person or party responsible for serving that document by—

(a)

any officer or employee of the person or party acting in the course of their official duties:

(b)

any constable, if the Commissioner of Police has approved service by a constable on behalf of that person or party:

(c)

any other person approved by the court or a Registrar—

(i)

to serve documents generally in criminal proceedings; or

(ii)

to serve documents in connection with the particular proceeding or a class of proceedings that includes the particular proceeding.

(6)

If the court or a Registrar is responsible for serving a document, it may be served by—

(a)

any bailiff, officer, or Registrar within the meaning of section 2 of the District Courts Act 1947:

(b)

any officer, Registrar, or Sheriff within the meaning of sections 27 to 29 of the Judicature Act 1908:

(c)

any other person approved by the court or a Registrar in a particular case.

(7)

However, the Registrar must seek directions from a Judge specifying who is responsible for serving any documents, and the Judge may give directions for that purpose if either or both of the following apply:

(a)

in the case of a private prosecution, if a Judge determines that the charging document should be accepted for filing under section 26 of the Act:

(b)

if the defendant is unrepresented.

Rule 2.8(5)(c): replaced, on 15 August 2016, by rule 4 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

2.9 Parties must provide address for service

(1)

The parties must, as soon as practicable after the proceedings are commenced, notify each other and the court of their address for service, which address must,—

(a)

if a party has a postal address, include that postal address; and

(b)

if a party has an email address for receiving documents while conducting proceedings under the Act, include that email address.

(2)

An address for service on a defendant may be an address provided by a lawyer representing the defendant.

(3)

The parties must notify each other and the court of any changes to their address for service.

2.10 Proof of service

(1)

The service of any document may be proved by the person who served the document—

(a)

by affidavit showing the date, time, mode of service, and the identity (if known) of the person served; or

(b)

on oath at the hearing; or

(c)

by providing an authenticated endorsement on a copy of the document served showing the date, time, mode of service, and the identity (if known) of the person served.

(2)

If any document is served by sending it by mail to a postal address, the following provisions apply in the absence of proof to the contrary:

(a)

evidence that the document was sent to an address that complies with rule 2.5 is proof that service was completed; and

(b)

the document is treated as having been served on the earlier of—

(i)

the third working day after the day on which it is sent by mail; or

(ii)

the day on which it is received.

(3)

If any document is served by sending it electronically, the following provisions apply in the absence of proof to the contrary:

(a)

subject to paragraph (b), evidence that the document was sent to a valid address is proof that service was completed:

(b)

evidence that the document was sent to a valid address on a day that is not a working day or after 5 pm on a working day is proof that the document was served, but the document must be treated as having been served on the next working day.

Subpart 4—Applications

2.11 Applications: general provisions

(1)

This subpart must be read subject to any requirements of the Act relating to applications.

(2)

Evidence relied on in support of an application must be given in a manner specified in section 83 of the Evidence Act 2006 or, if section 85 of the Criminal Procedure Act 2011 applies, in the form of a formal statement.

(3)

Subject to subclauses (1) and (2), the court may grant leave for an application to be made or determined otherwise than in accordance with this subpart if it is satisfied that to do so would be consistent with the objective in rule 1.3(b).

(4)

This subpart does not apply to applications for leave to appeal.

2.12 How to make application

(1)

An application that is required to be in writing must be made by filing a notice of application.

(2)

An application of any of the following kinds must be made in writing:

(a)

an application under section 70 of the Act for an order that the defendant be tried in the High Court:

(b)

an application under section 78 of the Act for a pre-trial admissibility hearing in proceedings for a Judge-alone trial:

(c)

an application under section 90 of the Act for an oral evidence order:

(d)

an application under section 101 of the Act for a pre-trial order for admissibility of evidence in a jury trial:

(e)

an application under section 102 or 103 of the Act for a Judge-alone trial:

(f)

an application under section 125, 151, or 177 of the Act for a retrial:

(g)

an application under section 126 or 177 of the Act for a rehearing:

(h)

an application under section 138 of the Act for an order that 1 or more charges against a defendant be heard separately:

(i)

an application under section 147 of the Act for the dismissal of a charge:

(j)

an application under section 157 of the Act for the transfer of proceedings:

(k)

an application under section 180 or 181 of the Act for an order correcting an erroneous sentence:

(l)

an application under section 364 of the Act for a costs order:

(m)

an application under section 366 of the Act for an order for a bond to keep the peace:

(n)

an application under the Evidence Act 2006:

(o)

an application for an order under section 105 of the Land Transport Act 1998 for a limited licence:

(p)

an application under section 106 of the Sentencing Act 2002 for a discharge without conviction.

(3)

Any other application may be made orally.

(4)

However, the judicial officer or Registrar to whom the application is to be made may direct that—

(a)

an application to which subclause (2) applies be made orally:

(b)

an application to which subclause (3) applies be made in writing.

2.13 How to make written application

A party makes a written application by filing a notice of application that—

(a)

states the particulars of the applicant; and

(b)

states the order or direction being sought; and

(c)

states the grounds for making the application; and

(d)

refers to any provision authorising the order or direction being sought; and

(e)

includes the evidence the applicant relies on, unless the court directs that the evidence be filed separately, or identifies the evidence the applicant relies on if already filed; and

(f)

states whether the application and any document attached to it is the original of the application or other document or is an amended version of the original (in which case, the version must be identified); and

(g)

confirms whether the applicant requests an oral hearing to determine the application and, if so, includes the applicant’s estimate of the length of the hearing.

2.14 How to respond to application

(1)

A party responds to an application that is required by or under rule 2.12 to be made in writing by filing and serving a notice of response not later than 10 working days after the date of service of the notice of application.

(2)

A notice of response must state that the party responding—

(a)

consents to, or does not oppose, the application; or

(b)

opposes the application or part of the application.

(3)

A notice of response indicating opposition to an application must—

(a)

state the particulars of the respondent; and

(b)

state the grounds for opposing the application; and

(c)

include the evidence the respondent relies on, unless the court directs that the evidence be filed separately, or identify the evidence the respondent relies on if already filed; and

(d)

state whether the response and any document attached to it is the original of the response or other document or is an amended version of the original (in which case, the version must be identified); and

(e)

confirm whether the respondent requests an oral hearing to determine the application and, if so, include the respondent’s estimate of the length of the hearing.

2.15 Procedure for dealing with application

(1)

If a party files a notice of response stating that the party consents to, or does not oppose, the application, or no notice of response is filed within the time prescribed by rule 2.14(1), the court may—

(a)

make the order or give the direction sought in the application or decline to do so:

(b)

give directions relating to the determination of the application.

(2)

If a party files a notice of response stating that the party opposes the application and neither party has requested an oral hearing, the court may—

(a)

make the order or give the direction sought in the application or decline to do so:

(b)

give directions relating to the determination of the application.

(3)

If a party files a notice of response stating that the party opposes the application and an oral hearing has been requested, the court may—

(a)

order that an oral hearing be held:

(b)

give directions relating to the determination of the application, including directions for the filing of further evidence and the making of an oral evidence order.

Part 3 Charging documents, summonses, and warrants

Subpart 1—Charging documents

3.1 Charging document

In addition to the information required by sections 16 and 17 of the Act, every charging document filed under section 14 or 26 of the Act must include—

(a)

the category of the offence; and

(b)

the maximum penalty for the offence charged; and

(c)

the date on which the defendant is to appear in court; and

(d)

the prosecutor’s address for service; and

(e)

the court in which, in accordance with section 14(1) or (2) of the Act, the charging document is to be filed; and

(f)

whether the charge is to be dealt with by the Youth Court in accordance with the Children, Young Persons, and Their Families Act 1989.

Subpart 2—Summonses

3.2 Summons to defendant

(1)

Every summons to a defendant must include—

(a)

the particulars of the defendant; and

(b)

the particulars of each charge; and

(c)

the court and date and time at which the defendant is required to appear; and

(d)

the consequences of failing to appear in answer to the summons; and

(e)

the name and title or (in the case of a Crown organisation) unique identifier of the person issuing the summons; and

(f)

the date of issue of the summons.

(2)

In addition to the information required by subclause (1), a summons must be accompanied by the information set out in the Schedule.

(3)

For the purposes of subclause (1)(e), unique identifier means an identifier, used to identify a person, that is not his or her name and that—

(a)

is assigned to him or her by the Crown organisation that employs or engages him or her for the purposes of its operations; and

(b)

uniquely identifies him or her in relation to the Crown organisation.

3.3 Summons to witness

(1)

A summons to a witness must include—

(a)

the particulars of the witness; and

(b)

the particulars of the defendant; and

(c)

the offence; and

(d)

the court and date and time at which the witness is required to appear; and

(e)

the section of the enactment under which the summons is issued; and

(f)

details of any document or thing that the witness is required to bring with him or her; and

(g)

the consequences of—

(i)

failing to appear in answer to the summons; or

(ii)

appearing and failing to give evidence; and

(h)

information about—

(i)

a witness’s right to have 1 or more support persons near him or her when giving evidence; and

(ii)

any fees, travelling allowances, and expenses payable to persons giving evidence; and

(i)

the name and title of the person issuing the summons; and

(j)

the date of issue of the summons.

(2)

In this rule and in rules 3.4 to 3.6, offence means, as the case may be, the offence—

(a)

with which the defendant has been charged; or

(b)

of which the defendant has been convicted.

Subpart 3—Warrants

3.4 Warrant to arrest defendant

A warrant to arrest a defendant must include—

(a)

the section of the enactment under which the warrant is issued; and

(b)

the court issuing the warrant; and

(c)

whether the warrant is directed to every constable, or to a constable, in which case the name of that constable; and

(d)

the particulars of the defendant; and

(e)

the reason for the warrant being issued; and

(f)

the offence; and

(g)

a direction to the constable executing the warrant to bring the defendant before any court; and

(h)

the legal authority for entering premises for the purpose of executing the warrant; and

(i)

the name and title of the person issuing the warrant; and

(j)

the date of issue of the warrant.

3.5 Warrant to detain defendant

A warrant for the detention of a defendant in a prison must include—

(a)

the section of the enactment under which the warrant is issued; and

(b)

the court issuing the warrant; and

(c)

the particulars of the person who is directed to detain the defendant; and

(d)

the particulars of the defendant; and

(e)

the offence; and

(f)

a direction that the defendant be detained in a prison; and

(g)

the duration of the detention; and

(h)

a direction that the defendant be brought before the court when notified by the court to do so; and

(i)

the name and title of the person issuing the warrant; and

(j)

the date of issue of the warrant.

3.6 Warrant to arrest witness

(1)

A warrant to arrest a witness under section 161 of the Act must include—

(a)

the section of the enactment under which the warrant is issued; and

(b)

the court issuing the warrant; and

(c)

whether the warrant is directed to every constable, or a constable, in which case the name of that constable; and

(d)

the full name, address, occupation (if any), and date of birth of the witness; and

(e)

the reason for the warrant being issued; and

(f)

details of the proceedings and the offence; and

(g)

a direction to the constable executing the warrant to bring the witness before any court; and

(h)

the legal authority for entering premises for the purpose of executing the warrant; and

(i)

the name and title of the person issuing the warrant; and

(j)

the date of issue of the warrant.

(2)

A warrant to arrest and detain a witness under section 165(3)(b) of the Act must include—

(a)

the information required by subclause (1)(a), (b), (d) to (f), (i), and (j); and

(b)

the particulars of the person who is to detain the witness; and

(c)

the place and duration of the detention of the witness.

3.7 How to issue warrant

(1)

For the avoidance of doubt, any warrant issued under the Act may be sent electronically to the person or persons to whom the warrant is directed by means of an electronic system used by the Registry.

(2)

For all legal purposes, the following documents must be treated as the warrant issued under the Act:

(a)

a copy of the original warrant:

(b)

a printout, or copy of a printout, of a warrant sent in accordance with subclause (1).

Part 4 Procedure before trial

Subpart 1—Time for certain appearances

4.1 Time of second appearance

(1)

If initial disclosure under section 12(1) of the Criminal Disclosure Act 2008 has been made to the defendant before or at the defendant’s first appearance, the defendant’s second appearance must be not later than,—

(a)

in the case of a category 1 or 2 offence, 10 working days after the first appearance:

(b)

in the case of a category 3 or 4 offence, 15 working days after the first appearance.

(2)

If initial disclosure under section 12(1) of the Criminal Disclosure Act 2008 has not been made to the defendant before or at the defendant’s first appearance,—

(a)

the prosecutor must notify the court of the date by which initial disclosure is expected to be made; and

(b)

the defendant’s second appearance must be not later than,—

(i)

in the case of a category 1 or 2 offence, 10 working days after the date notified by the prosecutor:

(ii)

in the case of a category 3 or 4 offence, 15 working days after the date notified by the prosecutor.

(3)

The date notified by the prosecutor must be not later than the expiry of the applicable date for initial disclosure as defined in section 12(4) of the Criminal Disclosure Act 2008.

4.2 Time of case review

A case review hearing must be not later than—

(a)

45 working days after the entry of a not guilty plea in all proceedings for—

(i)

category 4 offences:

(ii)

category 3 offences where the defendant has elected jury trial:

(iii)

any remaining proceedings that the Crown has assumed or is to assume responsibility for prior to the case review hearing in accordance with any regulations made and for the time being in force under section 387(1)(a) to (c) of the Act:

(b)

30 working days after the entry of a not guilty plea in all other proceedings.

4.3 Time of trial callover

The trial callover must be not later than 40 working days after the proceedings are adjourned for trial callover.

Subpart 2—Pleas and elections

4.4 Entering plea by notice

(1)

This rule applies to a notice under section 37 or 38 of the Act.

(2)

In addition to the information required by rule 2.1, the notice must include—

(a)

every plea entered and the charge to which it relates (by reference to the CRN); and

(b)

in the case of a guilty plea entered by the defendant under section 38(1) of the Act, any written submissions the defendant wishes to be taken into account in sentencing (regardless of whether the defendant wishes to appear); and

(c)

in the case of a special plea entered by the defendant, the information required by section 45(3) of the Act.

(3)

In the case of a guilty plea entered by the defendant under section 38(1) of the Act, the notice may give an indication of whether the defendant wishes to appear for sentencing.

(4)

If a not guilty plea is entered by notice to a charge for a category 3 offence and the defendant wishes to elect jury trial in relation to that charge, the notice must record that election and the charge to which it relates (by reference to the CRN).

(5)

When a special plea is entered by filing a notice, a Judge may issue directions for the purpose of determining, under section 49 of the Act, whether the plea is available, including directions about whether further evidence, submissions, or an oral hearing is required.

Subpart 3—Case management

4.5 Applications under section 58 or 59 of Act relating to case management procedure

An application by the prosecutor or the defendant for directions under section 58 or 59 of the Act about case management must be made not later than 10 working days after the proceedings are adjourned following the entry of a not guilty plea.

4.6 Time for filing case management memorandum

The defendant in a proceeding for which a case management memorandum under section 55 of the Act is required must file the memorandum not later than 5 working days before the date of the case review hearing.

4.7 Information about case review

When a proceeding is adjourned for case review under section 54 of the Act, a Registrar must—

(a)

notify the prosecutor and any represented defendant of the following matters:

(i)

the date by which the defendant must file the case management memorandum; and

(ii)

the date of the case review hearing:

(b)

serve a notice on any unrepresented defendant stating—

(i)

the matters that the defendant is required by section 57(2) of the Act to address at the case review hearing; and

(ii)

the date of the case review hearing.

4.8 Case management memorandum

(1)

In addition to the information required by section 56(1) of the Act, every case management memorandum must include,—

(a)

if the defendant intends to change his or her plea,—

(i)

any agreed list of previous convictions and any agreed summary of facts; and

(ii)

whether the defendant and the prosecutor agree to sentencing proceeding at the case review hearing; and

(iii)

if the defendant does not agree to sentencing proceeding at the case review hearing, the dates on which the defendant and prosecutor expect to be available for sentencing or for a disputed facts hearing (if applicable); and

(iv)

details of any outstanding charges that are not included in the case management memorandum and that the defendant and the prosecutor wish to be added for sentencing purposes, and the next hearing date for those charges; and

(b)

if the defendant requests a sentence indication,—

(i)

the nature of the sentence indication sought, for example, the type or length (or both) of the sentence sought; and

(ii)

any agreed list of previous convictions and any agreed summary of facts; and

(c)

if the defendant has been remanded in custody only until the case review hearing, whether he or she agrees to a further remand in custody or intends to apply for bail; and

(d)

if the defendant has been remanded on bail only until the case review hearing, whether the defendant intends to apply for bail or consents to being remanded in custody; and

(da)

a summary of facts (including any dispute about the summary of facts the parties wish to raise before the court); and

(e)

any evidence that the prosecutor or the defendant wishes the court to consider in relation to any application to be made or determined at the case review hearing; and

(f)

dates on which the prosecutor and the defendant’s lawyer expect to be available for any further hearings that may be required; and

(g)

details of any failure to engage in, or complete, case management discussions and the reasons for that failure; and

(h)

details of any other matter that the prosecutor and defendant wish the court to address at the case review hearing.

(2)

If the trial procedure is the Judge-alone procedure, in addition to the information required by section 56(2) of the Act, a case management memorandum must include—

(a)

details of any special arrangements required for the trial, including interpreters, screens, closed-circuit television, facilities for playing video recorded interviews, and video link, and whether the parties consent to those arrangements being made, and the reasons for any objection; and

(b)

details of any expert witness that the prosecutor or the defendant wishes to call; and

(c)

details of any young or vulnerable witness that the prosecutor or the defendant intends to call; and

(d)

notice of any challenge to the admissibility of any proposed evidence that the prosecutor or the defendant intends to make; and

(e)

dates on which the prosecutor and the defendant’s lawyer expect to be available for the trial.

(3)

If the trial procedure is the jury trial procedure, in addition to the information required by section 56(1) of the Act, every case management memorandum must include the prosecutor’s and the defendant’s estimates of the length of trial.

(4)

In every case, the case management memorandum must indicate whether the Criminal Disclosure Act 2008 has been complied with.

Rule 4.8(1)(da): inserted, on 15 August 2016, by rule 5 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Subpart 4—Sentence indications

4.9 Sentence indications

(1)

If the defendant requests a sentence indication in the case management memorandum, any written submissions that the defendant or prosecutor wishes to make and any relevant information that the defendant or prosecutor wishes to bring to the court’s attention, including, but not limited to, that specified in subclause (2), must be—

(a)

included in the case management memorandum; or

(b)

filed not later than 5 working days before the date of the case review hearing.

(2)

In addition to the information specified in section 61(3) of the Act, before giving a sentence indication the court may (without limitation) require that all or any of the following information be provided to the court:

(a)

any charge upon which the defendant seeks a sentence indication:

(b)

the steps taken by the prosecutor to advise any victim that a sentence indication has been sought:

(c)

submissions from the prosecutor and defendant in relation to—

(i)

the appropriate type of sentence, sentence range, or quantum of sentence for the charge or charges upon which a sentence indication is sought:

(ii)

aggravating factors that the prosecutor contends or the defendant concedes should increase the sentence, or mitigating factors that the defendant contends or the prosecutor concedes should lower the sentence:

(iii)

whether the offender was on parole or bail at the time of the alleged offending:

(iv)

whether there are co-defendants, where the prosecutor and defendant contend that the defendant ranks in the hierarchy of defendants, and how the giving of a sentence indication may affect co-defendants:

(v)

whether any co-defendants have already been sentenced and, if so, the sentence received by each person:

(vi)

whether, if applicable, the quantum of reparation is agreed by the prosecutor and defendant:

(d)

where available,—

(i)

a recent pre-sentence report:

(ii)

a drug and alcohol assessment:

(iii)

a medical report:

(iv)

a psychiatric report:

(v)

a psychological report.

Subpart 5—Change in court or venue

4.10 Notice of transfer of proceedings to different court or venue

(1)

This rule applies if a proceeding is transferred to a different court or venue under the Act.

(2)

A Registrar of the court or venue from which the proceeding is transferred must serve on the parties and witnesses a notice of the transfer and any other relevant details.

(3)

A notice under subclause (2) must include the date and time at which, and the place at which, the defendant or witnesses must report to the court.

(4)

This rule is subject to section 77 of the Act.

Subpart 6—Crown notices

Note: Subpart 6 should be read in conjunction with the requirements set out in regulations 4 to 6 of the Crown Prosecution Regulations 2013. Regulation 4 specifies what a Crown prosecution is, regulation 5 specifies the time from which the Solicitor-General must assume responsibility for proceedings that are Crown prosecutions, and regulation 6 sets out the notice periods when amending, adding, or withdrawing charges. As at 1 April 2016, under regulation 6(1)(a) of the Crown Prosecution Regulations 2013, the notice period for many prosecutions expires on the date of the case review hearing.

Subpart 6 Note: inserted, on 15 August 2016, by rule 6 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

4.11 Crown prosecution notice

(1)

This rule applies to notices under section 189 of the Act.

(2)

The notice must include—

(a)

a statement to the effect that the Crown has assumed responsibility for the prosecution of each charge specified in the notice; and

(b)

details of each charge to which the notice relates, including each CRN; and

(c)

details of the Crown prosecutor, including an address for service.

4.12 Other Crown notices

(1)

A notice filed under section 190 of the Act to amend any charges must include—

(a)

a statement to the effect that the Crown is amending the charge specified in the notice; and

(b)

details of each charge to which the notice relates, including each CRN; and

(c)

details of the amendment (which must meet any applicable requirements of section 17 of the Act and rule 3.1).

(2)

A notice filed under section 191 of the Act to add any new charges must include—

(a)

a statement to the effect that the Crown is adding the charges specified in the notice; and

(b)

details of each new charge being added (which must meet any applicable requirements of section 17 of the Act and rule 3.1).

(3)

A notice filed under section 192 of the Act to withdraw any charges must include—

(a)

a statement to the effect that the Crown is withdrawing the charges specified in the notice; and

(b)

details of each charge being withdrawn, including each CRN.

Subpart 7—Other notices

4.13 Notice about first appearance: unrepresented defendant

(1)

This rules applies to an unrepresented defendant who—

(a)

is making his or her first appearance; and

(b)

does not have any other criminal proceedings commenced against him or her, and has not been served with a summons or been released on police bail.

(2)

A Registrar must give the defendant a notice containing the information set out in the Schedule.

4.14 Notice about protocol offence

(1)

This rule applies in any proceedings that include a protocol offence.

(2)

The prosecutor must file in the court hearing the proceeding a notice that—

(a)

identifies the protocol offence and the class of the protocol offence:

(b)

states whether the proceeding must be transferred to the High Court because the defendant is charged with a stage-3 offence:

(c)

states the appropriate court for trial:

(d)

identifies any jointly charged defendant:

(e)

states whether a protocol determination has already been made against a jointly charged defendant:

(f)

states the qualifying features for an offence described in the protocol as a class 1 or class 2 protocol offence:

(g)

identifies details of any other matter the prosecutor or the defendant wishes the court to consider, including any of the matters in section 67(4)(b) of the Act.

(3)

If the defendant is represented by a lawyer, the notice filed under subclause (2) must be jointly completed by the prosecutor and the defendant’s lawyer.

(4)

The notice filed under subclause (2) must be filed no later than—

(a)

5 working days before the date of the case review hearing; or

(b)

before the date specified by the court for the filing of the notice.

(5)

In this rule, stage-3 offence has the same meaning as in section 86A of the Sentencing Act 2002.

Rule 4.14: inserted, on 15 August 2016, by rule 7 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Part 5 Procedure for trial

Subpart 1—Judge-alone trials

5.1 Application of this subpart

This subpart applies if the procedure is a Judge-alone trial.

5.2 Application for pre-trial admissibility hearing

(1)

An application under section 78(2) of the Act for the purposes of obtaining a pre-trial order to the effect that particular evidence is admissible at trial must be made not later than—

(a)

at the case review hearing; or

(b)

if full disclosure under section 13(1) of the Criminal Disclosure Act 2008 has not been made at the case review hearing, 10 working days after that full disclosure has been made.

(2)

If subclause (1)(b) applies, the prosecutor must advise the defendant and the court of the expected date of full disclosure.

Subpart 2—Jury trials

5.3 Application of this subpart

This subpart applies if the procedure is a jury trial.

5.4 Pre-trial applications

Any pre-trial applications, including those under sections 90, 101, 102, and 103 of the Act, must be made not later than at trial callover.

5.5 Filing of formal statements

(1)

The prosecutor must file the formal statements required by section 85 of the Act not later than 15 working days before the trial callover date.

(2)

If a video interview is to be filed as, or with, a formal statement, the prosecutor must file at the same time a transcript of the interview.

Rule 5.5(1): amended, on 15 August 2016, by rule 8 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5.6 Filing of trial callover memorandum

(1)

The prosecutor must file the trial callover memorandum required by section 87(1) of the Act not later than 15 working days before the trial callover date.

(2)

A defendant who is represented by a lawyer must file the trial callover memorandum required by section 87(2) of the Act not later than 5 working days before the trial callover date.

5.7 Information about trial callover

When a proceeding is adjourned under section 57(3)(b) of the Act for trial callover, a Registrar must—

(a)

notify the prosecutor and any represented defendant of the following matters:

(i)

the date by which the prosecutor must file formal statements:

(ii)

the date by which the prosecutor’s trial callover memorandum must be filed:

(iii)

the date by which the defendant’s trial callover memorandum must be filed:

(iv)

the date of the trial callover:

(b)

serve a notice on any unrepresented defendant stating, in addition to the matters in paragraph (a)(i), (ii), and (iv), the matters that the defendant is required by section 89 of the Act to address at trial callover.

5.8 Information that must be contained in trial callover memorandum

In addition to the information required by section 88 of the Act, a trial callover memorandum must include—

(a)

details of any applications that have been made, and whether any matter relating to an application can be determined at the trial callover hearing; and

(b)

an indication of whether pre-trial applications are likely to require a pre-trial hearing or can be dealt with by the Judge at trial callover or trial; and

(c)

any evidence that the prosecutor or the defendant wishes the court to consider in relation to any application to be made or determined at the trial callover; and

(d)

details of any other matter that the prosecutor and defendant wish the court to address at the trial callover hearing; and

(e)

details of any special arrangements required for the trial, including interpreters, screens, closed-circuit television, facilities for playing video recorded interviews, and video link, and whether the parties consent to those arrangements being made, and the reasons for any objection; and

(f)

details of any expert witness that the prosecutor or the defendant wishes to call; and

(g)

details of any young or vulnerable witness that the prosecutor or the defendant intends to call; and

(h)

details of any evidence in formal statements on which the prosecutor does not intend to rely at trial; and

(i)

notice of any challenge to the admissibility of any proposed evidence that the prosecutor or the defendant intends to make; and

(j)

dates on which the prosecutor and the defendant’s lawyer are available for the trial; and

(k)

a summary of facts prepared by the prosecutor.

5.9 Commencing trial

(1)

Before the jury is empanelled, a Judge or Registrar must inform the potential jurors of the charge or charges that the defendant faces.

(2)

Unless a Judge has directed that the jury choose a foreperson at a different time, the jury must retire to choose a foreperson after the jurors are sworn but before the case is opened or the defendant is given in charge.

(3)

After the jury has been sworn, the prosecutor must provide a copy of the charge list to each juror and each defendant, and the defendant must be asked to plead to each charge on the charge list.

(4)

The charge list must itemise the first charge on which the defendant is charged as “charge 1” and any further charges sequentially in the same manner.

(5)

If there are multiple charges, the Judge may direct the manner in which the charges are put to the defendant.

(6)

The defendant must be given in charge to the jury after the jurors have each received a charge list.

(7)

After the defendant has been given in charge to the jury and an address by the Judge (if any), the trial must proceed in accordance with the requirements of section 107 of the Act.

Part 5A Sentencing

Part 5A: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Subpart 1—Summary of facts if guilty plea entered

Subpart 1 heading: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.1 Summary of facts

(1)

At the time that a defendant pleads guilty,—

(a)

the prosecutor must provide to the court and the defendant a summary of facts about the offence and the facts alleged against the defendant; and

(b)

the defendant must advise the court whether the summary of facts is accepted.

(2)

If the defendant does not accept the summary of facts,—

(a)

the defendant must identify the facts disputed; and

(b)

the defendant and the prosecutor must try to resolve the dispute.

(3)

If the dispute is resolved, the prosecutor must advise the court of the resolution and of any agreed amendment to the summary of facts as soon as practicable.

(4)

If the dispute is not resolved within 10 working days after the guilty plea is entered, the prosecutor and the defendant must notify the court of that fact and seek an indication in accordance with section 24(2) of the Sentencing Act 2002.

Rule 5A.1: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.2 Application for leave to amend summary of facts

(1)

This rule applies if the Solicitor-General, in accordance with any regulations made under section 387(1)(a) to (c) of the Act, assumes responsibility for a Crown prosecution after the defendant pleads guilty.

(2)

If the Solicitor-General or other Crown prosecutor wishes to add material matters of aggravation to the summary of facts, he or she may, by application in writing, seek the leave of the court to amend the summary of facts provided under rule 5A.1.

(3)

If the court grants leave under subclause (2), rule 5A.1 applies to the amended summary of facts as if it were the summary of facts first provided under that rule.

(4)

An application for leave under subclause (2) must be made within 15 working days after the guilty plea is entered.

Rule 5A.2: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Subpart 2—Sentencing memoranda

Subpart 2 heading: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.3 Application of this subpart

This subpart applies to sentencing hearings—

(a)

in the High Court:

(b)

in the District Court, if the Crown has assumed or is to assume responsibility for the proceeding prior to sentencing in accordance with any regulations made under section 387(1)(a) to (c) of the Act:

(c)

in any other criminal proceedings, if the Judge directs that sentencing memoranda be filed.

Rule 5A.3: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.4 Filing of sentencing memoranda

(1)

The prosecutor must file a sentencing memorandum in accordance with rule 5A.5(1) no later than 5 working days before the date of the sentencing hearing.

(2)

The defendant must file a sentencing memorandum in accordance with rule 5A.5(2) no later than 3 working days before the date of the sentencing hearing.

Rule 5A.4: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.5 Sentencing memoranda

(1)

A sentencing memorandum filed by the prosecutor must contain the following information (to the extent applicable):

(a)

the purposes and principles of sentencing of particular relevance to the proceeding:

(b)

the appropriate starting point, including a copy of any decision relied on that is not a guideline judgment:

(c)

any aggravating factors, both in relation to the offending itself and factors personal to the defendant:

(d)

any mitigating factors, both in relation to the offending itself and factors personal to the defendant, including what reduction should be made for any guilty plea:

(e)

the appropriateness of imposing a sentence or order of reparation, with supporting reasons, if the court is lawfully entitled to impose a sentence or order of reparation under Part 2 of the Sentencing Act 2002:

(f)

the appropriateness of a sentence requiring electronic monitoring, with supporting reasons:

(g)

whether a sentence of preventive detention or a minimum period of imprisonment is sought:

(h)

whether any supplementary orders, such as protection orders, are sought:

(i)

the sentence imposed on any co-defendant, including sentencing notes if available:

(j)

any other relevant matter.

(2)

A sentencing memorandum filed by the defendant must (to the extent applicable)—

(a)

identify any information contained in the sentencing memorandum filed by the prosecutor that is disputed:

(b)

contain the following information:

(i)

information that the defendant relies on that is in dispute under paragraph (a):

(ii)

the appropriate starting point, including a copy of any decision relied on that is not a guideline judgment or another judgment referred to in the prosecutor’s sentencing memorandum:

(iii)

any mitigating factors, both in relation to the offending itself and factors personal to the defendant, including what reduction should be made for any guilty plea:

(iv)

the appropriateness of imposing a sentence or order of reparation, with supporting reasons, if the court is lawfully entitled to impose a sentence or order of reparation under Part 2 of the Sentencing Act 2002:

(v)

the appropriateness of a sentence requiring electronic monitoring, with supporting reasons:

(vi)

whether the defendant wants the Judge to take account of any restorative justice process or other matter listed in section 10 of the Sentencing Act 2002:

(vii)

any other relevant matter.

Rule 5A.5: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Subpart 3—Sentencing hearing

Subpart 3 heading: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.6 Sentencing hearing

(1)

Unless the court directs otherwise,—

(a)

the order of submissions is that the prosecutor goes first, followed by the defendant:

(b)

there is no right of reply, except with the leave of the Judge:

(c)

the summary of facts is taken as read.

(2)

A direction under subclause (1) may be given on the court’s own motion or on the application of the prosecutor or the defendant.

Rule 5A.6: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Subpart 4—Assistance to authorities

Subpart 4 heading: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.7 Assistance to authorities

(1)

Where the defendant wants assistance given by him or her to the Police or other authorities to be taken into account on a confidential basis at sentencing, the prosecutor and the defendant must prepare a joint memorandum for consideration by the Judge.

(2)

The memorandum must be placed in a sealed envelope and provided to the court by the defendant no later than 3 working days before the sentencing hearing.

(3)

The confidential information must not be referred to in open court by the prosecutor or the defendant.

Rule 5A.7: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

5A.8 Assistance to authorities known only to prosecutor

(1)

Despite rule 5A.7, if the confidential information is not known to the lawyer for the defendant, the prosecutor must prepare a memorandum for consideration by the Judge, including submissions on whether that information should be disclosed to any other person.

(2)

The memorandum must be placed in a sealed envelope and provided to the court by the prosecutor no later than 5 working days before the sentencing hearing.

Rule 5A.8: inserted, on 15 August 2016, by rule 9 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Part 6 Access to court documents

6.1 Interpretation

In this Part, unless the context otherwise requires,—

access means to search, inspect, or copy under the supervision of an officer of a court

court file means a collection of documents in the custody or control of the court that relate to a criminal proceeding

criminal proceeding

(a)

means a proceeding under the Criminal Procedure Act 2011; and

(b)

includes—

(i)

all steps in a proceeding within the meaning of paragraph (a); and

(ii)

the sentencing of a defendant under the Sentencing Act 2002; and

(iii)

any proceedings under the Bail Act 2000; and

(c)

includes any proceeding under—

(iv)

Parts 4 to 6 of the International Crimes and International Criminal Court Act 2000:

(vi)

any other enactment, only to the extent (if any) determined by a Judge; and

(d)

includes any appeal or originating application to any court under the Criminal Procedure Act 2011 or the Bail Act 2000

document does not include—

(a)

notes by or for a judicial officer for his or her personal use; or

(b)

any material that relates to the administration of the court

interlocutory application has the same meaning as in the High Court Rules or, as the case requires, the District Courts Rules 2009

originating application has the same meaning as in the High Court Rules or, as the case requires, the District Courts Rules 2009.

6.2 Application

(1)

This Part applies to documents while they are in the custody or control of the court and until they are transferred to Archives New Zealand.

(2)

This Part does not require any person to prepare any document that is not in existence at the time the document is sought.

6.3 Decisions under this Part made as part of civil jurisdiction

A decision made by a Judge under this Part is, for the purposes of this Part and any appeal against the decision, made in the exercise of the civil jurisdiction of the relevant court.

6.4 General right of access

(1)

Subject to rule 6.9, every person has the right to access—

(a)

the permanent court record under Part 7; and

(b)

any published list providing notice of a hearing; and

(c)

any judgment, order, or minute of the court given in a criminal proceeding, including any record of the reasons given by a judicial officer; and

(d)

any judicial officer’s sentencing notes.

(2)

However, the court may direct that judgments, orders, or sentencing notes not be accessed without the permission of the court.

(3)

A request for access under this rule may be made orally to a Registrar, but if the request relates to a document to which subclause (2) or rule 6.9 relates, the Registrar may require that the request be made in writing and identify the requested document and give the reasons for the request.

6.5 Right of prosecutor and defendant to access court file or documents

(1)

The prosecutor and the defendant in a criminal proceeding, and their lawyers, may access the court file during or after the completion of the criminal proceeding.

(2)

However,—

(a)

a Judge may direct that the court file or any document relating to the criminal proceeding not be accessed by the prosecutor and the defendant or their lawyer without the permission of the court:

(b)

if there is more than 1 defendant in the criminal proceeding, a defendant or the defendant’s lawyer may access the court file or any document relating to the criminal proceeding only with the permission of the court.

(3)

A request for access under this rule may be made orally to a Registrar, but if the request relates to a document to which subclause (2) or rule 6.9 relates, the Registrar may require that the request be made in writing and identify the requested document and give the reasons for the request.

(4)

If the defendant is a corporation, the right of the defendant under this rule to access the court file or any document may be exercised by a representative of the defendant who has been appointed in accordance with section 12 of the Act.

6.6 Access to documents during proceedings

(1)

This rule applies in relation to a criminal proceeding under the Act from the commencement of the proceeding by the filing of a charging document until all applicable appeal periods for that proceeding have expired.

(2)

During the period to which this rule applies, any person other than a party may access any document only by making a request for access.

(3)

The court may, on its own initiative or on request, direct that any document, or part of any document, relating to the proceeding not be accessed without the permission of a Judge.

(4)

A request for access to any document under this rule is made informally to a Registrar in writing that—

(a)

identifies the requested document; and

(b)

gives the reasons for the request.

(5)

The following provisions apply when a request for access to any document is made under subclause (4):

(a)

a Registrar must promptly serve on the parties or their lawyers a copy of the request:

(b)

a party who wishes to object must, before the relevant deadline (within the meaning of rule 6.7), give written notice of the objection to a Registrar, to the person who made the request, and to the other parties or their lawyer:

(c)

on receipt of an objection, a Registrar must promptly refer the objection and the request to a Judge:

(d)

unless the document is subject to a direction stated in subclause (3) or a restriction stated in rule 6.9, a Registrar must promptly give the person who made the request access to the document—

(i)

if the Registrar receives no objection before the expiry of the relevant deadline (within the meaning of rule 6.7); or

(ii)

if the parties or their lawyer earlier agree that the person be given access to the document:

(e)

every request that relates to any document that is subject to a restriction stated in subclause (3) or in rule 6.9 must be promptly referred to a Judge by a Registrar.

(6)

When a request is referred to a Judge, the matter is to be dealt with in accordance with rule 6.10.

6.7 Meaning of relevant deadline in rule 6.6

For the purposes of rule 6.6, where a party or lawyer receives a copy of a request given to the party or lawyer under that rule, relevant deadline means whichever of the following times is applicable:

(a)

if the copy of the request is received on a day on which a pre-trial hearing or the trial is proceeding, 3 pm on the first working day after the day on which the copy is received:

(b)

if the copy of the request is received on any other day, 3 pm on the third working day after the day on which the copy is received.

6.8 Access to documents or court file in other cases

(1)

Any person other than a party may make a request in accordance with this rule to—

(a)

access any document related to a criminal proceeding (except where any of rules 6.4 to 6.6 apply); or

(b)

access a court file.

(2)

A request under this rule is made informally to a Registrar in writing that—

(a)

identifies the document or court file that the applicant seeks to access; and

(b)

gives the reasons for the application.

(3)

When a request is received, a Registrar must refer it to a Judge and the Judge may direct that a person file an interlocutory or originating application or may deal with the matter in accordance with rule 6.10.

(4)

The person requesting access must serve notice of the request on any person who, in the opinion of the Judge, may be adversely affected by the request.

(5)

The Judge may dispense with service of notice under subclause (4) if it would be impracticable to require notice to be served.

6.9 Restrictions on access

(1)

Any right or permission conferred or given by these rules to access any document, court file, or any part of the permanent court record relating to a criminal proceeding is subject to—

(a)

any enactment, court order, or direction limiting or prohibiting access or publication; and

(b)

the payment of any prescribed fees for access.

(2)

Without limiting the generality of subclause (1), a person may access any document of the kind described in subclause (3) only if a Judge permits the person to do so.

(3)

The documents are—

(a)

any document containing evidence of a complainant or of a person who gives or intends to give propensity evidence:

(b)

electronically recorded documents of interviews with a defendant:

(c)

any document that identifies, or enables the identification of, a person if the publication of any matter relating to the person’s identity (such as the person’s name) is forbidden by an enactment or by an order of the court or a Registrar:

(d)

any document received, or any record of anything said, in a proceeding while members of the public are excluded from the proceeding by an enactment or by an order of the court:

(e)

any document containing evidence provisionally admitted into evidence and any document containing evidence that has been ruled inadmissible by the court.

6.10 Matters to be taken into account

(1)

A Judge may deal with any request or application that requires permission of a Judge or the court to be given on the papers or at an oral hearing, and may grant access in whole or in part and subject to any conditions the Judge thinks appropriate.

(2)

In determining a request or an application under this rule, the Judge must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the application, request, or objection:

(a)

the right of the defendant to a fair hearing:

(b)

the orderly and fair administration of justice:

(c)

the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:

(d)

the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, trials and decisions:

(e)

the freedom to seek, receive, and impart information:

(f)

whether any document to which the application or request relates is subject to any restriction under rule 6.9:

(g)

any other matter that the Judge thinks just.

Part 7 Permanent court record

7.1 Permanent court record to be kept for each court

(1)

For the purposes of the Act, a Registrar of a court at any place must keep a record called the permanent court record.

(2)

The permanent court record may be kept in electronic or hard­copy form.

(3)

Entries about a matter that are required to be made in the permanent court record must be made by the judicial officer who presided over the matter or by a Registrar.

(4)

An entry in accordance with subclause (3) or a correction under subclause (6) or (7) must be authenticated by the judicial officer or Registrar who made the entry or correction.

(5)

Despite subclause (4), the judicial officer who presided over the matter may authenticate any entry or correction made by a Registrar.

(6)

A judicial officer or Registrar may at any time correct an entry made by that person in the permanent court record, or direct that it be corrected, if satisfied that it was erroneous in any respect.

(7)

A Judge may at any time correct an entry in the permanent court record if the person who made the entry is not available and the Judge is satisfied that the entry was erroneous.

(8)

If any correction is made under subclause (6) or (7), the original entry must remain on the record.

(9)

The contents of the permanent court record are provable by a certified copy or extract provided by a Registrar.

7.2 Details of permanent court record

The permanent court record for a court at any place must record such of the following particulars relating to each charge filed in the court as are applicable:

(1)

the name and place of the court:

(2)

the judicial officer or Registrar who presided over each hearing:

(3)

the jurisdiction exercised:

(4)

the particulars in relation to the name provided under section 16(2)(e) of the Act:

(5)

the name of any private prosecutor who commences a proceeding:

(6)

the particulars of the defendant provided under section 16(2)(a) of the Act:

(7)

a description of the charge, including—

(a)

the enactment creating the offence; and

(b)

the date on which the offence was alleged to have been committed; and

(c)

whether the charge is a representative charge or an alternative charge; and

(d)

the date the charging document was filed; and

(e)

the date and other details of any appeal relating to the charge:

(8)

the Attorney-General’s consent to the charge being filed:

(9)

in the case of a private prosecution, any directions and orders by a Judge relating to the filing of a charge:

(10)

hearing dates:

(11)

remand dates:

(12)

pleas entered and changes of plea:

(13)

form of trial (Judge-alone or jury trial):

(14)

place of trial:

(15)

any warrant issued in respect of a defendant or witness:

(16)

the outcome of any application for bail:

(17)

dismissal or withdrawal of a charge:

(18)

order for a retrial or rehearing:

(19)

transfer to a different court or venue:

(20)

determination of the charge, including—

(a)

verdict (guilty or not guilty):

(b)

acquittal on ground of insanity:

(c)

substitution of one offence for another offence:

(d)

outcome of special pleas:

(e)

leave decision for any appeal:

(f)

stay of prosecution:

(g)

jury verdict, and whether unanimous or by majority:

(h)

deemed conviction under section 376:

(21)

orders made on appeal:

(22)

warnings given under any enactment:

(23)

suppression orders:

(24)

costs orders:

(25)

orders for a bond to keep the peace:

(26)

orders made under section 375 of the Act for payment of a fine and costs in an infringement offence case:

(27)

any other judgment or order (other than the reasons for the judgment or order).

Part 8 Appeals to District Court or High Court

Application, interpretation, and urgency

8.1 Application and interpretation

(1)

This Part applies to—

(a)

every application to a District Court or to the High Court for leave to appeal to which Part 6 of the Act applies; and

(b)

every appeal to a District Court or to the High Court to which Part 6 of the Act applies.

(2)

In this Part,—

appellant includes an applicant for leave to appeal

respondent includes an intended respondent.

8.2 Departure from this Part for reasons of urgency

(1)

In the case of any application or appeal to which this Part applies, the appeal court may on its own initiative, or on the application of a party, direct, authorise, or accept a departure from a requirement of this Part for reasons of urgency.

(2)

If an application for leave to appeal to which section 223 of the Act applies is filed in any case where the High Court is the second appeal court in accordance with section 224(a) of the Act, a Registrar must refer the application to a Judge for directions under subclause (1).

How to appeal

8.3 How to give notice of appeal or apply for leave to appeal

(1)

A party appeals by filing a notice of appeal in—

(a)

the registry of the appeal court that is nearest to the registry of the court in which the charging document was filed under section 14(1) of the Act; or

(b)

if the proceedings were transferred to another court or a different registry of the same court under section 75, 76, 157, or another provision of the Act, the registry of the appeal court that is nearest to the registry of the court to which the proceedings were transferred.

(2)

If leave is required for an appeal, a party must file a notice of application for leave to appeal instead of a notice of appeal, in accordance with subclause (1)(a) and (b).

(3)

The appellant must file sufficient additional copies of the notice of appeal or notice of application for leave to appeal so that a Registrar can provide 1 copy for each other party.

(4)

If the appellant is filing the document electronically, there is no need for any additional copies to be filed unless the Registrar requires the notice to be filed in hard-copy form under rule 2.3(5).

(5)

The appellant need not file a notice of appeal if the appeal court gives leave to appeal or determines that leave to appeal is to be determined simultaneously with the appeal.

Rule 8.3(1): replaced, on 15 August 2016, by rule 10 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

Rule 8.3(2): replaced, on 15 August 2016, by rule 10 of the Criminal Procedure Amendment Rules 2016 (LI 2016/162).

8.4 Information required for notice of appeal or notice of application for leave to appeal

(1)

A notice of appeal or notice of application for leave to appeal must include—

(a)

particulars of the appellant; and

(b)

particulars of the decision for which leave is being sought to appeal or that is being appealed, including the date and place at which it was made; and

(c)

a copy of the decision against which the appeal is sought to be made (if available); and

(d)

the grounds of the appeal; and

(e)

the section of the Act relied on for appeal or to be relied on if leave is granted.

(2)

In addition to the information required under subclause (1), the notice must also include particulars of such of the following as are applicable:

(a)

lawyer’s contact details:

(b)

legal aid status:

(c)

the prison at which the appellant is located:

(d)

if there is to be an oral hearing, whether the appellant seeks leave to be present under section 326 of the Act and, if so, why:

(e)

whether the appeal or application for leave to appeal is out of time and, if so, the reasons for seeking an extension of time:

(f)

if the proposed appeal relates to the admissibility of evidence at trial, the disputed evidence in question and its relevance to the trial:

(g)

if the proposed appeal challenges the exercise of a judicial discretion, why the challenge meets the criteria for reversing the exercise of a discretion:

(h)

if the proposed appeal challenges a factual finding in the decision to be appealed, the evidence to be relied on:

(i)

any exhibits required for the appeal:

(j)

in relation to a pre-trial determination, when the trial is likely to be.

(3)

A notice of application for leave to appeal must also include,—

(a)

in the case of an application for leave to appeal to which section 328 of the Act applies, whether the appellant seeks the application for leave to be considered at an oral hearing and any arguments in support:

(b)

any other information relevant to whether the application should be considered at an oral hearing or on the papers.

8.5 Notice given out of time

A notice that is given out of time must be treated as if it contains an application for extension of time.

8.6 Reply memorandum

(1)

A respondent who is served with a notice of application for leave to appeal must, not later than 5 working days after service of that notice, file and serve on the applicant a reply memorandum.

(2)

The respondent’s reply memorandum must state—

(a)

whether the respondent consents to, opposes, or does not oppose the application, and (if applicable) the reasons for opposing it; and

(b)

whether, if the respondent opposes the application, the respondent considers the application should be heard separately from, or simultaneously with, the proposed appeal, and the reasons for that view.

Appeals involving conduct of trial lawyer or fresh evidence

8.7 Complaint against trial lawyer

(1)

If a ground of appeal is that there was a miscarriage of justice because of the conduct of the appellant’s lawyer at the trial or sentencing (trial lawyer), particulars of the conduct concerned must be given in—

(a)

the notice of appeal; or

(b)

a memorandum to be filed and served by the appellant not later than 30 working days after filing the notice of appeal.

(2)

The appellant must, not later than 30 working days after filing the notice of appeal, file and serve on the prosecutor any affidavits that relate to the ground of appeal.

(3)

The prosecutor must file and serve any affidavit in reply not later than 20 working days after the service of the appellant’s affidavit.

(4)

With the leave of the appeal court, a party who wishes to cross-examine a deponent who has sworn an affidavit on behalf of the other party must, not later than 15 working days after service of the affidavit, file and serve on the other party a notice of cross-examination specifying the deponent the party wishes to cross-examine.

(5)

A party on whom a notice is served under subclause (4) must—

(a)

immediately advise the deponent that he or she is required for cross-examination; and

(b)

advise the deponent of the hearing date of the appeal as soon as it is known; and

(c)

ensure that the deponent is present at the hearing for cross-examination.

(6)

If the appellant wishes to waive privilege under section 65 of the Evidence Act 2006 in respect of communications between the appellant and the trial lawyer, the appellant must, not later than 30 working days after filing the notice of appeal, provide to the prosecutor a waiver of privilege in respect of all communications of that kind.

8.8 Fresh evidence

(1)

If a ground of appeal is that there was a miscarriage of justice because further evidence has become available since the trial, particulars of the further evidence must be set out in—

(a)

the notice of appeal; or

(b)

a memorandum to be filed and served by the appellant not later than 30 working days after filing the notice of appeal.

(2)

The appellant must, not later than 30 working days after filing the notice of appeal, file and serve on the prosecutor any affidavits that relate to the ground of appeal.

(3)

The affidavits must—

(a)

set out the further evidence; and

(b)

explain why the further evidence was not available at the trial and why it could not, with reasonable diligence, have been called.

(4)

The prosecutor must file and serve any affidavit in reply not later than 15 working days after service of the appellant’s affidavit.

8.9 Deponent may be required to give evidence orally

(1)

This rule applies if, in an appeal based on a ground described in rule 8.7 or 8.8, an affidavit is filed on behalf of a party (party A) and served on the other party (party B).

(2)

If party B requires the deponent who has sworn the affidavit to give his or her evidence orally, party B must, not later than 15 working days after service of the affidavit, file and serve on party A a notice (an oral evidence notice) stating that requirement.

(3)

If party B consents to the deponent giving his or her evidence in chief by the affidavit but requires the deponent to be cross-examined, party B must, not later than 15 working days after service of the affidavit, file and serve on party A a notice (a cross-examination notice) stating that requirement.

(4)

If party A is served with an oral evidence notice or a cross-examination notice, party A must—

(a)

immediately advise the deponent that he or she is required to give his or her evidence orally or be available for cross-examination (as the case may be); and

(b)

advise the deponent of the hearing date of the appeal as soon as it is known; and

(c)

ensure that the deponent is present at the hearing.

(5)

If party B does not serve an oral evidence notice with respect to the affidavit, party A may assume that party B consents to the deponent giving his or her evidence by the affidavit.

Hearings on papers

8.10 Application for hearing on papers

Rules 8.11 to 8.13 apply if the court decides to determine an application for leave to appeal on the papers.

8.11 Period allowed for making written submissions

(1)

In this rule, appointed period means a period appointed under subclause (3).

(2)

For the purposes of this rule, the time allowed for making submissions begins to run on the date on which the relevant notice or material is served on the appellant or respondent.

(3)

The Registrar must appoint a period of not less than 20 working days within which submissions may be made by the appellant in support of the application.

(4)

Notice of the appointed period must be given by a Registrar to—

(a)

the appellant; and

(b)

the respondent.

(5)

The Registrar must send to the respondent a copy of all written submissions received by the court from the appellant within the appointed period, and the respondent may make written submissions within—

(a)

10 working days if the respondent is the Solicitor-General; or

(b)

20 working days in the case of any other respondent.

(6)

A copy of all written submissions received by the court from the respondent within the applicable period stated in subclause (5) must be sent by a Registrar to the appellant, and—

(a)

the appellant may make written submissions in reply within a period of not less than 10 working days appointed by a Registrar; and

(b)

a Registrar must send the respondent a copy of the appellant’s submissions in reply.

(7)

The appellant and respondent must file sufficient additional copies of his or her submissions so that a Registrar can provide 1 copy for each other party.

(8)

If the appellant or respondent is filing the document electronically, there is no need for any additional copies to be filed unless the Registrar requires the document to be filed in hard­copy form under rule 2.3(5).

8.12 Timing of application on papers

The court must not begin hearing an application on the papers until all the periods prescribed or directed under rule 8.11 have expired, unless all the required documents have been received.

8.13 Change of mode of hearing

(1)

If the court decides to change the mode of hearing and orders a hearing involving oral submissions,—

(a)

a Registrar must allocate a fixture; and

(b)

notice of the time and place fixed for the hearing of the application must be given in accordance with rule 8.15(3).

(2)

The submissions already filed constitute the written submissions for the hearing unless the court otherwise directs.

(3)

If the court decides not to change the mode of hearing, it may give its decision on that matter at the same time as it gives its decision on the merits of the appeal or application.

Oral hearings

8.14 Application for oral hearing

Rules 8.15 and 8.16 apply if an oral hearing is to be held.

8.15 Notice of fixture for oral hearing

(1)

This rule applies to a hearing for an appeal or, if an oral hearing is to be held, for an application for leave to appeal.

(2)

A Registrar must allocate a fixture.

(3)

Notice of the time and place fixed for the hearing must be given by a Registrar to—

(a)

the appellant; and

(b)

the respondent; and

(c)

if the appellant or the respondent is in custody and the court has granted the appellant or the respondent leave to be present at the hearing, the chief executive of the department for the time being responsible for the administration of the Corrections Act 2004.

8.16 Timing of submissions

(1)

The appellant must file and serve on the respondent the appellant’s written submissions on all appeal points not later than 15 working days before the hearing date.

(2)

In the case of an application for leave to appeal that is to be determined at an oral hearing, the submissions must include any reasons why leave should be granted.

(3)

The respondent must file and serve on the appellant the respondent’s written submissions on all appeal points not later than 10 working days before the hearing date.

(4)

However, if the appeal is against a determination in respect of bail,—

(a)

the appellant’s submissions under subclause (1) must be filed and served not later than 2 working days before the hearing date; and

(b)

the respondent’s submissions under subclause (3) must be filed and served not later than 1 working day before the hearing date.

Part 9 Miscellaneous provision

9.1 Revocation

Schedule Information to accompany summonses

rr 3.2, 4.13

Appearing in court

If you are charged with an offence that is not punishable by imprisonment, you may be entitled to enter a guilty plea without having to come to court. Contact your local court for more information.

When you do appear in court, the judicial officer or Registrar will make a decision whether you are held in custody, on bail, or free to go (at large) until you have to come back to court.

If you do not come to court when you are meant to, a warrant for your arrest may be issued.

Availability of free legal advice
Community law centres

Your local community law centre can give initial legal advice free of charge. More information is available from the community law centre website.

Duty lawyers

On the day you have to come to court, you can ask to see a duty lawyer. Duty lawyers are at court and can give free legal advice to people who have been charged with an offence.

Legal aid

If you want a lawyer to act for you, but you think you cannot afford one, you may apply for criminal legal aid. Ask the duty lawyer, your nearest community law centre, or legal aid office how to apply. Information on legal aid is also available from the legal services website.

Diversion

The prosecutor who filed charges against you may operate a diversion scheme. You can ask the prosecutor whether they operate a diversion scheme and whether you will be offered diversion.

Prosecution disclosure duties

Before, when, or soon after you first appear in court, the prosecution must give you:

  • a copy of the charging document; and

  • a summary of facts (what the prosecution says happened); and

  • a summary of your right to ask for further information; and

  • the maximum penalty for the offence (and minimum penalty, if applicable); and

  • a list of any previous convictions that the prosecutor knows you have.

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 December 2012.

Reprints notes
1 General

This is a reprint of the Criminal Procedure Rules 2012 that incorporates all the amendments to those rules as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Criminal Procedure Amendment Rules 2016 (LI 2016/162)

Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50

Criminal Procedure Act Commencement Order 2013 (SR 2013/162)