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Criminal Procedure Act 2011

Preliminary provisions - Who may conduct proceedings

10: Who may conduct proceedings against defendant

You could also call this:

"Who is allowed to take someone to court?"

Illustration for Criminal Procedure Act 2011

If you want to take someone to court, you need to know who can do it. You can conduct proceedings against a defendant, or a lawyer can do it for you. If a Police employee started the case, a constable or another Police employee chosen by the Commissioner of Police can conduct the prosecution.

If an officer or employee from a government department or a local authority started the case, another officer or employee from the same organisation can conduct the proceedings. This includes organisations like a Department of State or a Crown entity, which is explained in section 7 of the Crown Entities Act 2004.

If the Solicitor-General or a Crown prosecutor takes over a case, as explained in section 187, only they can conduct the proceedings. In some cases, like a jury trial, only a lawyer can conduct the proceedings after a certain point, such as when the case is sent to a trial callover or transferred to the High Court under section 36.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360053.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"The District Court's power to hear criminal cases has some limits."

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Part 1Preliminary provisions
Who may conduct proceedings

10Who may conduct proceedings against defendant

  1. Subject to subsections (2) and (3), only the following persons may conduct proceedings against a defendant:

  2. the person who commenced the proceeding:
    1. a lawyer representing the person who commenced the proceeding:
      1. if the proceeding was commenced by a Police employee, any constable or any other Police employee authorised by the Commissioner of Police to conduct prosecutions:
        1. if the proceeding was commenced by an officer or employee of any of the following organisations, any other officer or employee of that organisation:
          1. a Department of State or a Crown entity within the meaning of section 7 of the Crown Entities Act 2004:
            1. a local authority or other statutory public body or board.

            2. If the Solicitor-General or a Crown prosecutor has assumed responsibility under section 187 for a Crown prosecution, only the Solicitor-General or a Crown prosecutor may conduct the proceedings against the defendant.

            3. If the trial is to be a jury trial, only a lawyer may conduct the proceedings against the defendant after the proceeding has been—

            4. adjourned to a trial callover, in the case of a category 3 offence; or
              1. transferred to the High Court under section 36, in the case of a category 4 offence.

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