with the concurrence of the Right Honourable Chief Justice, the Chief District Court Judge, and at least 2 other members of the Rules Committee continued under section 155 of the Senior Courts Act 2016 (of whom at least 1 was a Judge of the High Court and at least 1 was a District Court Judge).

Rules

1 Title

These rules are the Criminal Procedure Amendment Rules 2025.

2 Commencement

(1)

These rules come into force on 17 June 2025.

(2)

However, rule 6 comes into force on 17 August 2025.

3 Principal rules

These rules amend the Criminal Procedure Rules 2012.

Amendments relating to reinstatement of three strikes regime

4 Rule 1.4 amended (Interpretation)

In rule 1.4(1), insert in their appropriate alphabetical order:

qualifying offence has the same meaning as in section 86J of the Sentencing Act 2002

stage-1 offence, stage-2 offence, and stage-3 offence have the same meanings as in section 86J of the Sentencing Act 2002

5 Rule 2.12 amended (How to make application)

After rule 2.12(2)(o), insert:

(oa)

an application under section 86V(4) of the Sentencing Act 2002 for the High Court to take an action under section 86V(5) of that Act:

6 Rule 3.1 amended (Charging document)

After rule 3.1(b), insert:

(ba)

if the offence is a qualifying offence, a statement to that effect; and

7 Rule 4.8 amended (Case management memorandum)

(1)

Before rule 4.8(1)(a), insert:

(aaa)

if the defendant is charged with a qualifying offence, a statement that the prosecutor and defendant have discussed—

(i)

whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence; and

(ii)

the possible consequences of the court entering a conviction in respect of the offence; and

(2)

After rule 4.8(1)(a)(iv), insert:

(v)

if the defendant is charged with a qualifying offence, a statement identifying whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence; and

(3)

After rule 4.8(1)(b)(ii), insert:

(iii)

if the defendant is charged with a qualifying offence, a statement identifying whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence; and

8 Rule 4.14 amended (Notice about protocol offence)

After rule 4.14(2)(a), insert:

(b)

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

9 Rule 5A.5 amended (Sentencing memoranda)

After rule 5A.5(1)(a), insert:

(ab)

if the offence is a qualifying offence, a statement to that effect and identifying whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence:

Amendments relating to victim impact statements

10 Rule 2.4 amended (Documents that must be served)

After rule 2.4(2)(d), insert:

(e)

a victim impact statement filed under rule 5A.5A.

11 New subpart 2A of Part 5A inserted

After rule 5A.5, insert:

Subpart 2A—Victim impact statements

5A.5A Filing of victim impact statements

(1)

This rule applies if—

(a)

a victim impact statement has been prepared under the Victims’ Rights Act 2002 (the VRA) in relation to offending that is subject to a sentencing hearing; and

(b)

the victim impact statement is to be submitted to the judicial officer in accordance with section 21 of the VRA.

(2)

The prosecutor must use best endeavours to ensure that, at least 5 working days before the date of the sentencing hearing,—

(a)

the victim impact statement is filed in court; and

(b)

the court is advised whether—

(i)

the victim is intending to make a request under section 22 of the VRA to have all or any part of the victim impact statement read to the court; or

(ii)

the prosecutor is intending to make a request under section 22A of the VRA to have all or any part of the victim impact statement presented to the court in some other manner; and

(c)

the victim impact statement is served on a lawyer (if any) representing the offender.

(3)

However, subclause (2)(c) is subject to—

(a)

any order made by a judicial officer under section 25 of the VRA (that the offender and every lawyer, if any, representing the offender not be given or shown any part of the victim impact statement); and

(b)

any directions given, or conditions imposed, under section 27 of the VRA (relating to the disclosure and distribution of a victim impact statement).

Guidance note

See section 23 of the Victims’ Rights Act 2002, which imposes restrictions on offenders having access to victim impact statements. A prosecutor, or lawyer for an offender, who has a copy of a victim impact statement relating to an offender must not—

show the victim impact statement to the offender in certain circumstances:
give the victim impact statement to the offender to keep.

Nicola Purvis,
Acting Clerk of the Executive Council.

Explanatory note

This note is not part of the rules but is intended to indicate their general effect.

These rules amend the Criminal Procedure Rules 2012 (the principal rules). Pursuant to section 386 of the Criminal Procedure Act 2011, these rules are made under section 148 of the Senior Courts Act 2016 and section 228(1) of the District Court Act 2016.

These rules, except rule 6, come into force on 17 June 2025. Rule 6 comes into force 2 months later, on 17 August 2025, to ensure sufficient time to make necessary changes to electronic systems and processes and undertake quality assurance testing.

First, amendments are made to assist with the implementation of the Sentencing (Reinstating Three Strikes) Amendment Act 2024, which commences in full on 17 June 2025. These amendments—

insert into the principal rules definitions of qualifying offence, stage-1 offence, stage-2 offence, and stage-3 offence (that have the same meanings as in section 86J of the Sentencing Act 2002):
require an application under section 86V(4) of the Sentencing Act 2002 (for the High Court in particular circumstances to take certain actions) to be made in writing:
require a charging document to state that the offence is a qualifying offence if that is the position:
require a case management memorandum to state certain information if the defendant is charged with a qualifying offence and to identify whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence in any case where the defendant intends to change their plea or request a sentence indication:
require the prosecutor to file in the court a notice stating whether the proceeding must be transferred to the High Court because the defendant is charged with a stage-3 offence:
require a sentencing memorandum to state that the offence is a qualifying offence, if it is, and to identify whether the offence is a stage-1 offence, stage-2 offence, or stage-3 offence.

Second, amendments are made relating to victim impact statements.

Rule 2.4 of the principal rules is amended to confirm that a victim impact statement filed under new rule 5A.5A need not be served.

New subpart 2A, which comprises new rule 5A.5A, is inserted into Part 5A of the principal rules. New rule 5A.5A applies if a victim impact statement has been prepared under the Victims’ Rights Act 2002 (the VRA) in relation to offending that is subject to a sentencing hearing and the victim impact statement is to be submitted to the judicial officer in accordance with section 21 of the VRA. The prosecutor must use best endeavours to ensure that, at least 5 working days before the date of the sentencing hearing,—

the victim impact statement is filed in court; and
the court is advised of any request intended to be made under section 22 or 22A of the VRA to have all or any part of the victim impact statement read to the court or presented to the court in some other manner; and
the victim impact statement is served on a lawyer (if any) representing the offender, subject to any order made under section 25 of the VRA and any directions given, or conditions imposed, under section 27 of the VRA.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 15 May 2025.

These rules are administered by the Ministry of Justice.

Criminal Procedure Amendment Rules 2025