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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Filing of formal statements

85: Prosecutor must file formal statements

You could also call this:

"The prosecutor must give the court important documents before a trial."

Illustration for Criminal Procedure Act 2011

When you are involved in a trial, the prosecutor must give the court some important documents. They have to give the court the formal statements that will be used as evidence for the prosecution. This evidence is what the prosecutor thinks is enough to go to trial.

The prosecutor also has to give the court any exhibits that are mentioned in those statements. You need to know that the prosecutor must give these documents to the court by a certain time. This time is decided by the rules of the court.

If the prosecutor does not give the court the formal statements on time, the court can decide to give them more time or dismiss the charge, as stated in section 147. The court will decide if the evidence is strong enough to go to trial. Evidence is strong enough if a jury could reasonably convict you based on that evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568006.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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84: Persons who may give evidence under assumed name or anonymously, or

"Who can give evidence in court without using their real name"

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86: Evidential status of formal statements, or

"What happens to the things you say and show in a formal statement for court"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Filing of formal statements

85Prosecutor must file formal statements

  1. The prosecutor must file in the trial court—

  2. the formal statements that form the evidence for the prosecution that the prosecutor proposes to call at trial, or such part of that evidence as the prosecutor considers is sufficient to justify a trial; and
    1. the exhibits referred to in those statements.

      1. The formal statements must be filed by the time prescribed in rules of court.

      2. If the prosecutor fails to file formal statements within the prescribed time, the court may—

      3. extend the time for filing the formal statements; or
        1. dismiss the charge in accordance with section 147.

          1. For the purpose of this section, evidence is sufficient to justify a trial of a defendant if, as a matter of law, a properly directed jury could reasonably convict the defendant on that evidence.

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