Section One: Criminal Proceedings

Introduction

With thousands of cases going through courts every year and therefore thousands of defendants, court staff, public, and others involved, there must be a clear set of administrative processes and rules set out for everyone to follow. These are contained in the Criminal Procedure Act 2011 (CPA) and the Criminal Procedure Rules 2012.

The CPA sets out what must happen during each stage of a case moving through court - from a person being charged and pleading guilty or not guilty, to how and when the trial takes place and what happens during the trial.

Although your main task at the bench is to apply the facts as you find them to be to the elements of the charge, it is important that you are also familiar with the administrative requirements surrounding a case.

Reading

• Judicial JP Manual chapter 2
• Criminal Procedure in New Zealand chapter 2

Further information can be found at this weblink:

Ministry of Justice

Enter a search on the Ministry of Justice website for Criminal Procedure Act. These public pages are intended to give background as well as some detailed information for lawyers. There is an excellent PDF document titled Criminal Procedure at a Glance which provides a good overview of the Criminal Procedure Act. Keep in mind that not all the information is relevant for the bench.