Crimes Act 1961

Procedure - Trial and sentence

366: Comment on failure to give evidence

You could also call this:

“This law used to allow talking about people who didn't speak up in court, but it's no longer used.”

This part of the law used to be about commenting when someone didn’t give evidence in a trial. However, it’s no longer a part of the law. The government removed this section on 1 July 2013. This means that whatever rules were here before about talking about people who didn’t give evidence are not used anymore. If you want to know what the current rules are about this topic, you’d need to look at other parts of the law that are still in effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM331739.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help

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365: Question to accused when undefended, or

“The judge asks an accused person without a lawyer if they want to say anything about their case.”


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366A: Unsworn statement prohibited, or

“People accused of crimes are not allowed to tell their side of the story without promising to tell the truth.”

Part 12 Procedure
Trial and sentence

366Comment on failure to give evidence (Repealed)

    Notes
    • Section 366: repealed, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).