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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Oral evidence orders

92: Making oral evidence order

You could also call this:

"Asking the court to let you tell your story in person"

Illustration for Criminal Procedure Act 2011

When you apply under section 90 to give oral evidence, the court can agree if they think it is necessary to hear from you to decide something before the trial. The court can also agree if someone was asked to give a formal statement but did not, and what they would say is important to the case. The court might agree if it is fair to hear from the person.

The court has to follow some rules, including what is said in section 93. You might not be allowed to give oral evidence if the court thinks you are trying to delay the case or do something that is not right.

When the court decides if you can give oral evidence, they look at any formal statement you made, other written evidence, and what the people involved in the case have to say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568016.

Topics:
Crime and justice > Courts and legal help
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Part 3Procedure before trial
Provisions applying only to jury trial procedure: Oral evidence orders

92Making oral evidence order

  1. On an application under section 90 the court may make an oral evidence order if the court is satisfied that—

  2. it is necessary to take the oral evidence of the witness in order to determine a pre-trial application on any matter; or
    1. the person has been requested to give evidence in the form of a formal statement but has failed or refused to do so, and the anticipated evidence of that person is relevant to the charge against the defendant; or
      1. it is otherwise in the interests of justice to take the oral evidence of the witness.

        1. Subsection (1) is subject to section 93.

        2. The court may refuse an application for an oral evidence order if it considers that the application was made—

        3. for the purpose of delay; or
          1. for any other improper purpose.

            1. The court must determine an application for an oral evidence order on the basis of—

            2. the witness's formal statement (if any); and
              1. any other written evidence; and
                1. any submissions from the parties.

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