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1. Criminal Case Process factsheet [pdf, 177 KB]

   ...judge-alone crown prosecutions. 2 3 4 3 4 2 3 Defendant summoned to court, arrested or bailed Charging document – Filed by prosecution • Initial disclosure, name suppression, bail. • Defendant: legal aid application; counsel instructed. Plea may be required. If none entered, ‘not guilty’ plea is assumed. • Offence category 3: defendant can elect jury trial (otherwise trial will be judge-alone). Judge alone trial District Court 1 Jury trial High Court 4 Jury tria...

2. Criminal template – client acknowledgement [pdf, 85 KB]

   CLIENT ACKNOWLEDGEMENT FORM INSTRUCTIONS AS TO PLEA I, , have been charged with the offences contained in the charging document. I acknowledge that I have received full legal advice from on the following matters: The parts of the offence(s) that I have been charged with which the prosecution must prove beyond reasonable doubt I have the right to have the matter heard by a judge sitting alone, or jury (if applicable) The application of the law to the evidence, including the strengt...

3. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...Goldsmith (Minister of Justice) 1 August 2024 Purpose 1. This aide-mémoire answers the two questions you asked in response to a previous briefing on 24 July seeking further policy decisions on the Sentencing Reform Amendment Bill:  How do plea bargains fit in? (to the sliding scale for early guilty pleas)  Are we sure we have captured everything regarding sections 9(2) and 9(4)? (which set out the mitigating factors that can result in sentence discounts). How plea arra...

4. First day in court

   ...with an offence and don’t have a lawyer. Download pamphlets about duty lawyers in other languages Who can get a duty lawyer? Anyone who does not have their own lawyer can use a duty lawyer’s service for free. If you face a minor charge and decide to plead guilty you probably won’t need another lawyer. If you face serious charges the duty lawyer will deal with the immediate issues at the court, but you will need your own lawyer for the next steps. A duty lawyer can: explain to you what of...

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   4. Legal help

5. [2015] NZSSAA 004, 13 February [pdf, 105 KB]

   ...Accommodation Supplement, Disability Allowance, Special Benefit and Special Needs Grants were established. [9] In addition to establishing overpayments, 21 charges under the Crimes Act were laid in the District Court. [10] Ultimately, the appellant pleaded guilty to nine charges of dishonestly using a document under s 228(b) of the Crimes Act 1961. The remaining charges were withdrawn. The appellant was duly convicted and sentenced. No reparation was sought by the Ministry....

6. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...charge workers and individuals whose homes and businesses are connected, to deter adults from aiding or abetting youth to offend, and to deter offenders from livestreaming or sharing their offending online;2 3.3 a sliding scale approach to guilty plea discounts;3 Sentencing (Reform) Amendment Bill (v 1.31), clause 5 (s 8(f)). Clause 6(1), (s 9(1)). Clause 7, (s 9C). 8109765 2 3.4 limits on the repeat use of sentencing discounts for youth and remorse;4 3.5 a 40% cap on the o...

7. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...charge workers and individuals whose homes and businesses are connected, to deter adults from aiding or abetting youth to offend, and to deter offenders from livestreaming or sharing their offending online;2 3.3 a sliding scale approach to guilty plea discounts;3 Sentencing (Reform) Amendment Bill (v 1.31), clause 5 (s 8(f)). Clause 6(1), (s 9(1)). Clause 7, (s 9C). 8109765 2 3.4 limits on the repeat use of sentencing discounts for youth and remorse;4 3.5 a 40% cap on the o...

8. Before the trial

   On this page: Oliver gets a lawyer Oliver enters a plea Oliver on bail What happens to Oliver between appearances Oliver breaches bail Case management discussions Case review hearing Trial call-over memo Call-over Prosecution and defence prepare Oliver's past – inadmissible evidence High Court appeal for inadmissible evidence is lost   Oliver gets a lawyer The next day, the day of his first appearance in court, Oliver talks to a duty lawyer, sometimes called a 'duty solicitor'. Th...

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   3. Explore the criminal justice system

9. Consolidated Practice Directions 2016. [pdf, 139 KB]

   ...Ministry of Justice courthouse equipped with an audio visual link. Such an initial appearance by video link (which may include by counsel for a defendant) will be deemed to be an appearance before the Employment Court for the purposes of entering a plea to the charge(s). A prosecutor and a defendant may agree in writing, sent to the Registrar of the Court, to an appearance at another location with audio visual links, or at one of the Court’s resident courthouses, in the circumst...

10. You have been charged with a category 4 offence

    On this page: Second appearance – entering your plea Case Review Hearing Jury Trial Callover At your trial If you are charged with a category 4 offence your second appearance will always be in the High Court, following a first appearance in the District Court. Second appearance – entering your plea If the court is satisfied that you have received initial disclosure at this second appearance, you will be required to enter a plea. Initial disclosure A plea is a defendant’s response to the...

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    3. Going to court without a lawyer >
    4. Representing yourself in a criminal case in the High Court >
    5. How you can represent yourself in a criminal proceeding