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Criminal Procedure Act 2011

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Criminal Procedure Act 2011 Reprint as at 1 September 2017 Criminal Procedure Act 2011 Public Act 2011 No 81 Date of assent 17 October 2011 Commencement see section 2 Contents Page 1 Title 18 2 Commencement 18 Part 1 Preliminary provisions 3 Purpose 19 4 Overview 19 5 Interpretation 22 6 Categories of offence defined 25 7 Act subject to other enactments 26 8 Act binds the Crown 26 Jurisdiction of District Court to conduct criminal proceedings 9 Jurisdiction of District Court to conduct criminal proceedings 27 Who may conduct proceedings 10 Who may conduct proceedings against defendant 27 11 Who may conduct proceedings for defendant 28 12 Representatives of corporations 28 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. This Act is administered by the Ministry of Justice. 1 Reprinted as at Criminal Procedure Act 2011 1 September 2017 Procedural requirements in Act, regulations, and rules 13 Procedural requirements of Act, regulations, and rules to be 28 followed Part 2 Commencement of proceedings and preliminary steps Subpart 1—Filing a charging document 14 Commencement of criminal proceedings 29 15 Any person may commence proceeding 29 16 Charging documents 29 17 Content of charge 30 18 Court may order further particulars 30 19 Charge may be worded in alternative 31 20 Charge may be representative 31 21 Court may amend or divide alternative or representative charge 31 22 Certain charges to disclose range of penalties and previous 31 convictions 23 Offence relating to false or misleading information in charging 32 document 24 Endorsement of consent 32 25 Time for filing charging document 32 26 Private prosecutions 33 27 Power of Registrar to compile charging information 34 Subpart 2—Notifying defendant of court appearance 28 Summons in relation to charge may be served 34 29 Summons following evidential breath test 35 30 Provisions relating to summons issued under section 28 or 29 35 31 Charging document must be filed promptly 35 32 Decision to change charge following summons 35 33 Summons to defendant in private prosecution 36 34 Warrant may be issued if summons cannot be served 36 Subpart 3—Court dealing with proceeding before trial or transfer for trial 35 Court dealing with proceeding before trial or transfer for trial: 36 categories 1 to 3 36 Court dealing with proceeding before transfer for trial: category 4 37 Part 3 Procedure before trial Subpart 1—Pleas Entering plea 37 Defendant may enter plea 37 38 Right to plead to category 1 offence by notice 38 2 Reprinted as at 1 September 2017 Criminal Procedure Act 2011 39 Requirement for defendant to plead 38 40 Not guilty plea for category 4 offence 39 41 Defendant who refuses or fails to plead under section 39 or 49(3) 39 42 Defendant may change plea of not guilty 39 43 Procedure if defendant indicates intention to plead guilty but does 39 not do so 44 Plea where charge alleges previous conviction 40 Special pleas 45 Special pleas 40 46 Previous conviction 40 47 Previous acquittal 41 48 Pardon 41 49 Procedure for dealing with special plea 41 Subpart 2—Decision regarding trial by jury for category 3 offences 50 Defendant charged with category 3 offence may elect trial by jury 41 51 Timing of election 41 52 Judicial officer or Registrar may receive elections 42 53 Withdrawal of election 42 Subpart 3—Case management 54 Adjournment for case review 42 55 Case management discussions and case management memorandum 42 56 Information to be provided in case management memorandum 43 57 Case review 44 58 Court may give directions about case management procedure 44 59 Judge may direct case management procedure for category 1 45 offence Subpart 4—Sentence indications 60 Meaning of sentence indication 45 61 Giving sentence indication 45 62 Further provisions relating to giving sentence indication 46 63 Offence and penalty relating to sentence indication 46 64 Duration of sentence indication 46 65 Request for sentence indication not admissible in proceeding 46 Subpart 5—Determination of level of trial court for category 2 and 3 offences Determination of level of trial court for protocol offences 66 Establishment of protocol 47 67 District Court Judge may recommend level of trial court for 47 protocol offence 68 High Court Judge must determine level of trial court for protocol 48 offences 3 Reprinted as at Criminal Procedure Act 2011 1 September 2017 69 Proceedings not invalid 48 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 49 offence be tried in High Court Subpart 6—Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial 71 Category 1 offences 49 72 Category 2 offences 49 73 Category 3 offences 50 74 Category 4 offences 51 75 Transfer of certain proceedings for category 2 and 3 offences to 52 trial court 76 Transfer of proceeding from trial court to new trial court 52 77 Notice that defendant to be tried in High Court 52 Subpart 7—Provisions applying only to Judge-alone procedure 78 Court may order pre-trial admissibility hearing if trial to be Judge- 53 alone trial 79 Pre-trial admissibility hearing and order that evidence admissible 53 80 Court may order that certain pre-trial processes under subpart 8 54 apply Subpart 8—Provisions applying only to jury trial procedure Application of this subpart 81 Application of this subpart 54 Filing of formal statements 82 Requirements for formal statements 54 83 False statement in formal statement deemed to be perjury 55 84 Persons who may give evidence under assumed name 55 85 Prosecutor must file formal statements 55 86 Evidential status of formal statements 56 Trial callover memoranda 87 Trial callover memoranda to be filed in trial court 56 88 Information to be provided in trial callover memoranda 56 89 Unrepresented defendants at trial callover hearing 57 Application for oral evidence order 90 Application for oral evidence order 57 91 Application for leave to question undercover Police officer’s 57 identity must be dealt with by High Court Oral evidence orders 92 Making oral evidence order 58 4 Reprinted as at 1 September 2017 Criminal Procedure Act 2011 93 Further consideration if application for oral evidence order for 58 complainant in case of sexual nature 94 Withdrawal of charge if oral evidence order made for examination 59 of undercover Police officer Procedure for taking oral evidence 95 By whom oral evidence of witness to be taken 59 96 Restriction on who may take oral evidence of complainant in case 60 of sexual nature 97 Persons who may be present if oral evidence taken from 60 complainant in case of sexual nature 98 Application of sections 103 to 105 of Evidence Act 2006 60 99 Oral evidence must be recorded 60 100 Proceeding may be continued despite witness’s failure to appear or 61 give evidence Pre-trial orders as to admissibility of evidence: jury trial procedure 101 Pre-trial order relating to admissibility of evidence: jury trial 61 Trial before Judge alone may be ordered 102 Judge may order Judge-alone trial in cases likely to be long and 62 complex 103 Judge may order Judge-alone trial in cases involving intimidation 63 of juror or jurors 104 Procedure for trial ordered under section 102 or 103 63 Part 4 Trial Subpart 1—Provisions applying to Judge-alone trials 105 Conduct of Judge-alone trial 63 106 Decision of court 64 Subpart 2—Provisions applying to jury trials Conduct of jury trial 107 Conduct of jury trial 65 Charge alleging previous conviction 108 Procedure if charge alleges previous conviction 65 Discretion to keep jury together 109 Discretion to keep jury together 66 Part of murder charge proved 110 Part of murder charge proved 66 5 Reprinted as at Criminal Procedure Act 2011 1 September 2017 Subpart 3—Provisions applying to both Judge-alone and jury trials Alibi 111 Alibi 66 Dismissal of charge in certain cases 112 Court must dismiss charge in certain cases 67 Witnesses 113 Adjourning trial for witness 67 Part 5 General provisions Subpart 1—Conduct of proceeding Defendants who plead guilty or are found guilty 114 Procedure after defendant pleads or is found guilty 68 115 Plea of guilty may be withdrawn by leave of court 68 116 Effect of sentence indication 69 Presence of defendant at hearings 117 Defendant generally may be present at all hearings 69 118 Hearings at which defendant must be present 69 Powers of court when defendant does not appear 119 Non-attendance of defendant charged with offence in category 1 70 120 Non-attendance of defendant charged with offence in category 2, 3, 70 or 4: before plea is entered 121 Non-attendance of defendant charged with offence in category 2, 3, 71 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 71 4 123 Sentencing for offence in category 2, 3, or 4 not to proceed in 72 absence of defendant 124 Procedure when hearing proceeds in absence of defendant 72 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 73 126 Rehearing if defendant sentenced for category 1 offence in his or 74 her absence 127 Registrar may deal with applications in relation to category 1 75 offences 128 Effect of application for retrial or rehearing on rights of appeal 75 129 Procedure if retrial or rehearing ordered 75 130 Dealing with defendant pending retrial or rehearing 75 6 Reprinted
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