Criminal Procedure Act 2011

• Jurisdiction: New Zealand
• Reference: 2011 No 81
• Citation: 2011 No 81
• Record Number: DLM3359902
• Act Number: 81
• Type of Document: Act

Contenidos

• Criminal Procedure Act 2011
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose
• 4 Overview
• 5 Interpretation
• 5A Interpretation: evidence based on national security information
• 6 Categories of offence defined
• 7 Act subject to other enactments
• 7A Transitional, savings, and related provisions
• 8 Act binds the Crown
• 9 Jurisdiction of District Court to conduct criminal proceedings
• 10 Who may conduct proceedings against defendant
• 11 Who may conduct proceedings for defendant
• 12 Representatives of corporations
• 13 Procedural requirements of Act, regulations, and rules to be followed
• Part 2
• Part 1
• 14 Commencement of criminal proceedings
• 15 Any person may commence proceeding
• 16 Charging documents
• 16A Specifying that offence charged is, or that conviction entered is for, family violence offence
• 17 Content of charge
• 18 Court may order further particulars
• 19 Charge may be worded in alternative
• 20 Charge may be representative
• 21 Court may amend or divide alternative or representative charge
• 22 Certain charges to disclose range of penalties and previous convictions
• 23 Offence relating to false or misleading information in charging document
• 24 Endorsement of consent
• 25 Time for filing charging document
• 26 Private prosecutions
• 27 Power of Registrar to compile charging information
• Part 2
• 28 Summons in relation to charge may be served
• 29 Summons following evidential breath test
• 30 Provisions relating to summons issued under section 28 or 29
• 31 Charging document must be filed promptly
• 32 Decision to change charge following summons
• 33 Summons to defendant in private prosecution
• 34 Warrant may be issued if summons cannot be served
• 34A When warrant may be issued irrespective of whether summons has been issued or served
• Part 3
• 35 Court dealing with proceeding before trial or transfer for trial: categories 1 to 3
• 36 Court dealing with proceeding before transfer for trial: category 4
• Part 3
• Part 1
• 37 Defendant may enter plea
• 38 Right to plead to category 1 offence by notice
• 39 Requirement for defendant to plead
• 40 Not guilty plea for category 4 offence
• 41 Defendant who refuses or fails to plead under section 39 or 49(3)
• 42 Defendant may change plea of not guilty
• 43 Procedure if defendant indicates intention to plead guilty but does not do so
• 44 Plea where charge alleges previous conviction
• 45 Special pleas
• 46 Previous conviction
• 47 Previous acquittal
• 48 Pardon
• 49 Procedure for dealing with special plea
• Part 2
• 50 Defendant charged with category 3 offence may elect trial by jury
• 51 Timing of election
• 52 Judicial officer or Registrar may receive elections
• 53 Withdrawal of election
• Part 3
• 54 Adjournment for case review
• 55 Case management discussions and case management memorandum
• 56 Information to be provided in case management memorandum
• 57 Case review
• 58 Court may give directions about case management procedure
• 59 Judge may direct case management procedure for category 1 offence
• Part 4
• 60 Meaning of sentence indication
• 61 Giving sentence indication
• 62 Further provisions relating to giving sentence indication
• 63 Offence and penalty relating to sentence indication
• 64 Duration of sentence indication
• 65 Request for sentence indication not admissible in proceeding
• Part 5
• 66 Establishment of protocol
• 67 District Court Judge may recommend level of trial court for protocol offence
• 68 High Court Judge must determine level of trial court for protocol offences
• 68A High Court Judge may reconsider orders made under section 68 in certain circumstances
• 69 Proceedings not invalid
• 70 High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court
• Part 6
• 71 Category 1 offences
• 72 Category 2 offences
• 73 Category 3 offences
• 74 Category 4 offences
• 75 Transfer of certain proceedings for category 2 and 3 offences to trial court
• 76 Transfer of proceeding from trial court to new trial court
• 77 Notice that defendant to be tried in High Court
• Part 7
• 78 Court may order pre-trial admissibility hearing if trial to be Judge-alone trial
• 79 Pre-trial admissibility hearing and order that evidence admissible