Reprint as at 1 January 2014

Criminal Procedure Act 2011

Public Act2011 No 81
Date of assent17 October 2011
Commencementsee section 2

Note

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

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

This Act is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Overview

5 Interpretation

6 Categories of offence defined

7 Act subject to other enactments

8 Act binds the Crown

Jurisdiction of District Courts to conduct criminal proceedings

9 Jurisdiction of District Courts to conduct criminal proceedings

Who may conduct proceedings

10 Who may conduct proceedings against defendant

11 Who may conduct proceedings for defendant

12 Representatives of corporations

Procedural requirements in Act, regulations, and rules

13 Procedural requirements of Act, regulations, and rules to be followed

Part 2
Commencement of proceedings and preliminary steps

Subpart 1Filing a charging document

14 Commencement of criminal proceedings

15 Any person may commence proceeding

16 Charging documents

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

Subpart 2Notifying defendant of court appearance

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

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

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
Procedure before trial

Subpart 1Pleas

Entering plea

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

Special pleas

45 Special pleas

46 Previous conviction

47 Previous acquittal

48 Pardon

49 Procedure for dealing with special plea

Subpart 2Decision regarding trial by jury for category 3 offences

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

Subpart 3Case management

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

Subpart 4Sentence indications

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

Subpart 5Determination of level of trial court for category 2 and 3 offences

Determination of level of trial court for protocol offences

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

69 Proceedings not invalid

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

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

Subpart 6Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

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

Subpart 7Provisions applying only to Judge-alone procedure

78 Court may order pre-trial admissibility hearing if trial to be Judge-alone trial

79 Pre-trial admissibility hearing and order that evidence admissible

80 Court may order that certain pre-trial processes under subpart 8 apply

Subpart 8Provisions applying only to jury trial procedure

Application of this subpart

81 Application of this subpart

Filing of formal statements

82 Requirements for formal statements

83 False statement in formal statement deemed to be perjury

84 Persons who may give evidence under assumed name

85 Prosecutor must file formal statements

86 Evidential status of formal statements

Trial callover memoranda

87 Trial callover memoranda to be filed in trial court

88 Information to be provided in trial callover memoranda

89 Unrepresented defendants at trial callover hearing

Application for oral evidence order

90 Application for oral evidence order

91 Application for leave to question undercover Police officer's identity must be dealt with by High Court

Oral evidence orders

92 Making oral evidence order

93 Further consideration if application for oral evidence order for complainant in case of sexual nature

94 Withdrawal of charge if oral evidence order made for examination of undercover Police officer

Procedure for taking oral evidence

95 By whom oral evidence of witness to be taken

96 Restriction on who may take oral evidence of complainant in case of sexual nature

97 Persons who may be present if oral evidence taken from complainant in case of sexual nature

98 Application of sections 103 to 105 of Evidence Act 2006

99 Oral evidence must be recorded

100 Proceeding may be continued despite witness's failure to appear or give evidence

Pre-trial orders as to admissibility of evidence: jury trial procedure

101 Pre-trial order relating to admissibility of evidence: jury trial

Trial before Judge alone may be ordered

102 Judge may order Judge-alone trial in cases likely to be long and complex

103 Judge may order Judge-alone trial in cases involving intimidation of juror or jurors

104 Procedure for trial ordered under section 102 or 103

Part 4
Trial

Subpart 1Provisions applying to Judge-alone trials

105 Conduct of Judge-alone trial

106 Decision of court

Subpart 2Provisions applying to jury trials

Conduct of jury trial

107 Conduct of jury trial

Charge alleging previous conviction

108 Procedure if charge alleges previous conviction

Discretion to keep jury together

109 Discretion to keep jury together

Part of murder charge proved

110 Part of murder charge proved

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

Alibi

111 Alibi

Dismissal of charge in certain cases

112 Court must dismiss charge in certain cases

Witnesses

113 Adjourning trial for witness

Part 5
General provisions

Subpart 1Conduct of proceeding

Defendants who plead guilty or are found guilty

114 Procedure after defendant pleads or is found guilty

115 Plea of guilty may be withdrawn by leave of court

116 Effect of sentence indication

Presence of defendant at hearings

117 Defendant generally may be present at all hearings

118 Hearings at which defendant must be present

Powers of court when defendant does not appear

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

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

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

122 Non-attendance of defendant at trial for offence in category 2, 3, or 4

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

124 Procedure when hearing proceeds in absence of defendant

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

125 Retrial if defendant found guilty in his or her absence

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

127 Registrar may deal with applications in relation to category 1 offences

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

129 Procedure if retrial or rehearing ordered

130 Dealing with defendant pending retrial or rehearing

Powers of court when prosecutor does not appear

131 Powers of court when prosecutor does not appear

Powers of court when neither party appears

132 Powers of court when neither party appears

Amendment of charge

133 Amendment of charge

134 Procedure if charge amended before trial

135 Procedure if charge amended after order made under section 68 or 70

136 Procedure if charge amended during trial

Proceedings conducted together

137 Proceedings against parties to offences, accessories, and receivers

138 Trial of different charges together

139 Procedure if charges to be heard together

140 Procedure if charges to be heard together include new charges

Further provisions relating to charges

141 Conviction where alternative allegations proved in Judge-alone trial

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

143 Included offences

144 Conviction of parties

145 Conviction of charge containing allegation of previous conviction

Withdrawal and dismissal of charges

146 Withdrawal of charge

147 Dismissal of charge

148 Prosecutor must notify court if defendant completes programme of diversion

Attempts

149 Attempt proved when offence is charged

150 Offence proved when attempt is charged

Retrial of previously acquitted person

151 Order for retrial may be granted if acquittal tainted

152 Meaning of terms used in sections 153 and 154

153 Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person

154 Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered

155 Orders to safeguard fairness of retrial

156 Effect of order for retrial

Transfer of proceedings to court at different place

157 Transfer of proceedings to court at different place or different sitting

158 Attendance of witness at substitute court

Obtaining attendance of witnesses

159 Issue of summons to witness

160 Summons to witness to non-party disclosure hearing

161 Issue of warrant to obtain attendance of witness

Provisions relating to warrants to arrest defendant or witness

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

163 Withdrawal of warrant

Dealing with witness arrested under warrant

164 Dealing with witness arrested under warrant

Dealing with witnesses at the court

165 Witness refusing to give evidence may be imprisoned

166 Witnesses at hearing

Adjournments and bail

167 Power to adjourn

168 Dealing with defendant on adjournment

169 Order for detention of defendant in hospital or secure facility

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

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

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

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

173 Remand of defendant under 17 in residence or care

174 Remand of defendant under 17 years for assessment report

175 Remand of defendants aged 17 to 20 years

Stay of proceedings

176 Stay of proceedings

Retrial or rehearing

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

178 Procedure if retrial or rehearing ordered

179 Dealing with defendant pending retrial or rehearing

Correction of erroneous sentence

180 Court may correct erroneous sentence

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

182 Procedure if court corrects erroneous sentence

Transfer to wrong court

183 Transfer to wrong court

Permanent court record

184 Permanent court record

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

185 Solicitor-General responsible for general oversight of public prosecutions

186 Attorney-General's responsibility and powers not affected

187 Assumption of responsibility for Crown prosecutions by Solicitor-General

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

189 Crown prosecution notice must be filed

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

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

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

193 Independence of Solicitor-General and Crown prosecutors

Subpart 3Public access and restrictions on reporting

Terms used in this subpart

194 Interpretation

195 Context in which publication prohibited

Court proceedings generally open to public

196 Court proceedings generally open to public

Power to clear court

197 Power to clear court

198 Exception for members of media

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

Suppression of names

200 Court may suppress identity of defendant

201 Automatic suppression of identity of defendant in specified sexual cases

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

203 Automatic suppression of identity of complainant in specified sexual cases

204 Automatic suppression of identity of child complainants and witnesses

Suppression of evidence and submissions

205 Court may suppress evidence and submissions

Powers of Registrar

206 Power of Registrar to make and renew interim suppression orders

General provisions relating to suppression orders

207 Court must give reasons

208 Duration of suppression order and right of review

209 Publication by or at request of Police, etc

210 Standing of members of media

Offences relating to breach of suppression provisions and orders

211 Offences and penalties

Part 6
Appeals

Subpart 1General matters

212 Interpretation

213 Leave to appeal

214 Duty to determine appeal subject to sections 337 and 338

Subpart 2Appeals against pre-trial decisions

First appeals

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

216 Refusal to give leave to appeal under section 215

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

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

219 First appeal courts

220 How to commence first appeal

221 First appeal court to determine appeal

222 Trial court may allow trial to proceed

Further appeals

223 Right of appeal against determination of first appeal court

224 Second appeal courts

225 How to commence second appeal

226 Second appeal court to determine appeal

227 High Court's determination of second appeal final

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

Subpart 3Appeals against conviction

First appeals

229 Right of appeal against conviction

230 First appeal courts

231 How to commence first appeal

232 First appeal court to determine appeal

233 Orders, etc, on successful first appeal

234 Conviction and sentence for different offence may be substituted

235 Acquittal on account of insanity

236 Confirmation or substitution of sentence for another offence

Further appeals

237 Right of appeal against determination of first appeal court

238 Second appeal courts

239 How to commence second appeal

240 Second appeal court to determine appeal

241 Orders, etc, on successful second appeal

242 High Court's determination of second appeal final

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

Subpart 4Appeals against sentence

First appeals

244 Convicted person's right of appeal against sentence

245 Right of appeal against sentence not affected by sentence indication

246 Prosecutor's right of appeal

247 First appeal courts

248 How to commence first appeal

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

250 First appeal court to determine appeal

251 Orders, etc, on successful first appeal

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

Further appeals

253 Right of appeal against determination of first appeal court

254 Second appeal courts

255 How to commence second appeal

256 Second appeal court to determine appeal

257 Orders, etc, on successful second appeal

258 High Court's determination of second appeal final

259 Further appeal from determination of Court of Appeal

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

First appeals

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

261 First appeal courts

262 How to commence first appeal

263 First appeal court to determine appeal

Further appeals

264 Right of appeal against determination of first appeal court

265 Second appeal courts

266 How to commence second appeal

267 Second appeal court to determine appeal

268 High Court's determination of second appeal final

269 Further appeal from determination of Court of Appeal

Subpart 6Appeals against decisions on costs orders

First appeals

270 Interpretation

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

272 First appeal courts

273 How to commence first appeal

274 First appeal court to determine appeal

275 Appeal not to suspend trial

Further appeals

276 Right of appeal against determination of first appeal court

277 Second appeal courts

278 How to commence second appeal

279 Second appeal court to determine appeal

280 High Court's determination of second appeal final

281 Further appeal from determination of Court of Appeal

Subpart 7Appeals against suppression orders

First appeals

282 Interpretation

283 Right of appeal against decision on suppression order

284 First appeal courts

285 How to commence first appeal

286 Interim suppression order pending determination of first appeal

287 First appeal court to determine appeal

288 Trial court may allow trial to proceed

Further appeals

289 Right of appeal against determination of first appeal court

290 Second appeal courts

291 How to commence second appeal

292 Interim suppression order pending determination of second appeal

293 Second appeal court to determine appeal

294 Determination of High Court final

295 Further appeal from determination of Court of Appeal

Subpart 8Appeals on question of law

First appeals

296 Right of appeal

297 First appeal courts

298 How to commence first appeal

299 Power of first appeal court to amend question stated

300 First appeal court to determine appeal

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

302 How determination of appeal affects outcome of trial

Further appeals

303 Right of appeal against determination of first appeal court

304 Second appeal courts

305 How to commence second appeal

306 Second appeal court to determine appeal

307 Orders, etc, on successful second appeal

308 High Court's determination of second appeal final

309 Further appeal from determination of Court of Appeal

310 Relationship to other appeals

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

311 Right of appeal

Subpart 10Appeals relating to peace bond decisions

312 Right of appeal

Subpart 11Solicitor-General's references

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

314 Procedure for references under section 313

315 Rights of appeal to Supreme Court

316 Procedure for appeals under section 315

317 Solicitor-General may refer question to Supreme Court

318 Procedure for references under section 317

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

Subpart 12Further provisions

Procedure for determining jurisdiction where appeals lie to different appeal courts

320 Meaning of related right of appeal

321 Related appeals that are to be heard by Court of Appeal

Solicitor-General

322 Duty of Solicitor-General

Registrar of appeal court to arrange appeal

323 Duties of Registrar

324 Custody of exhibits, etc

Rights of representation and attendance at hearing of appeal or application for leave to appeal

325 Right of representation at hearing

326 Right of attendance at hearing

How applications to be heard

327 Hearings in Court of Appeal

328 Hearings in District Court or High Court

How appeals to be heard

329 Hearings in Court of Appeal or Supreme Court

330 Hearings in District Court or High Court

Hearings on papers

331 Provisions about hearing on papers

Powers exercisable by 1 or 2 appellate Judges

332 Powers exercisable by Judge of Supreme Court

333 Powers exercisable by Judges of Court of Appeal

Powers of appeal court to receive evidence, etc

334 Power to receive and hear evidence

335 Special powers of appeal courts in appeal involving conviction, sentence, or contempt

336 Powers of appeal courts

Abandonment

337 Abandonment of appeal by appellant

338 Power of appeal court to dismiss appeal for non-compliance with procedural orders

339 Appeal against dismissal under section 338

Judgment of appeal court

340 Reasons to accompany judgment or be given later

341 Delivery of judgment by District Court, High Court, or Court of Appeal

342 Judgment to be provided to parties

How appeal affects decisions under appeal

343 General effect of appeal on sentence

344 Issue of committal order for detention of convicted person

345 How appeal affects community-based sentences

346 Registrar to notify resumption of sentence

347 Reporting requirement where sentence resumed after unsuccessful or abandoned appeal

348 How appeal affects non-association orders

349 Fine recovery not to be enforced pending contempt appeal

350 Successful appellant entitled to return of amount paid under sentence

351 Detention following appeal

352 Revesting and restitution of property on conviction

Part 7
Provisions concerning jurisdiction of District Courts

Jurisdiction of District Court presided over by District Court Judge

353 Jurisdiction of District Court Judges

Jurisdiction of District Courts in relation to jury trials

354 Jurisdiction of District Courts in relation to jury trials

Jurisdiction of District Court presided over by 1 or more Justices

355 Jurisdiction of Justices

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

356 Jurisdiction of Community Magistrates

357 Jurisdiction of Community Magistrates to impose sentence in respect of certain category 2 offences

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

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

360 Power of Community Magistrates to decline jurisdiction

361 Jurisdiction of Justices and Community Magistrates to take pleas

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

Transfer to District Court presided over by District Court Judge

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

Part 8
Miscellaneous and transitional provisions

Subpart 1Costs orders and contempt

364 Costs orders

365 Contempt of court

Subpart 2Conservation of the peace

366 Application for order for bond to keep the peace

367 Making of order for bond

368 Form of, and entering into, bond

369 Making of order for bond where person charged with offence

370 Refusal to enter into bond

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

372 Forfeiture of bond

Subpart 3Miscellaneous provisions

373 Registrar who is also constable

374 Witnesses' expenses

375 Conviction not to be recorded for infringement offences

376 Person sentenced, etc, deemed to be convicted

377 Restitution of property

378 Who may take affidavit

379 Proceedings not to be questioned for want of form

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

381 Payment of fees, fines, etc

382 Payment and recovery of fees

383 Enforcement of fines

384 Enforcement of fines imposed or varied by appeal court

385 Application of section 168 during epidemic

385A Judge or Registrar may waive certain fees

Rules and regulations

386 Rules

387 Regulations

Subpart 4Transitional and savings provisions

Transitional provisions regarding sentence indications

388 Application of provisions regarding sentence indications to existing proceedings

389 Transitional provision regarding terminology in relation to sentence indication provisions

Transitional provisions regarding public access and restrictions on reporting

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

391 Application of amendments made by section 393

392 Transitional provision regarding appeals by members of media

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

Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

394 Meaning of commencement date

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

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

397 Proceedings commenced before commencement date

398 Proceedings commenced after commencement date

399 Absconding defendants

400 Defendants and proceedings to be tried together

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

402 Transitional provision regarding withdrawal of warrants to arrest

403 Transitional provision regarding dealing with witness arrested under warrant

403A Transitional provision regarding effect of appeal on sentence of home detention

404 Transitional provision regarding correction of erroneous sentence

404A Access to court documents

405 Limitation periods

406 Retrial following acquittal in summary proceedings

406A Savings

Other transitional matters

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

408 Regulations providing for transitional matters

409 Regulations making consequential amendments

410 Expiry of sections 408 and 409

Part 9
Amendments to other enactments

Criminal Justice Act 1985

411 Criminal Justice Act 1985 repealed

Criminal Justice Regulations 1985

412 Criminal Justice Regulations 1985 revoked

Amendments to other enactments

413 Amendments to other enactments

Schedule 1
Category 4 offences

Schedule 2
Consequential amendments relating to public access and restrictions on reporting provisions

Schedule 3
Amendments to other enactments

Reprint notes


The Parliament of New Zealand enacts as follows: