Criminal Procedure Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Justice
32 Decision to change charge following summons

(1)

This section applies if a summons has been issued before the charging document has been filed and the person who issued the summons decides that—

(a)

a charging document in respect of the summons will not be filed; or

(b)

a charging document in respect of the summons will be filed but will contain a charge that is different from that for which the person was summoned.

(2)

The person who issued the summons must, as soon as is reasonably practicable after a decision in subsection (1) has been made, take all reasonable steps to notify the person summoned of the decision before the date on which the defendant is required by the summons to appear.

(3)

If subsection (1)(a) applies, the person does not need to appear in court on the date specified in the summons.