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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

16: Charging documents

You could also call this:

"A charging document is a paper that tells you what crime you are accused of and why."

Illustration for Criminal Procedure Act 2011

When you are charged with a crime, you get a document that tells you what you are accused of. This document must have only one charge on it. It must also have some important information, including details about you and the person who is taking you to court. The person taking you to court must say that they have a good reason to think you committed the crime. The document must also include details about the crime that meet the requirements of section 17. If the police or another organisation is taking you to court, the document must have the name of that organisation and a contact person's details. It must also have any other information that the court rules say it needs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360058.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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15: Any person may commence proceeding, or

"Anyone can start a court case by following the rules"

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16A: Specifying that offence charged is, or that conviction entered is for, family violence offence, or

"Telling the court if a crime is a family violence offence"

Part 2Commencement of proceedings and preliminary steps
Filing a charging document

16Charging documents

  1. The charging document must contain 1 charge only.

  2. The charging document must include—

  3. particulars of the defendant; and
    1. particulars of the person commencing the proceeding; and
      1. a statement by the person commencing the proceeding that he or she has good cause to suspect that the defendant has committed the offence specified in the charge; and
        1. particulars of the charge that satisfy the requirements of section 17; and
          1. except if the prosecution is a private prosecution brought by an individual,—
            1. the name of the prosecuting organisation; and
              1. the particulars of an appropriate contact person in relation to the prosecution; and
              2. any other information required by rules of court.

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                Notes
                • Section 16(2)(e): replaced, on , by section 5 of the Criminal Procedure Amendment Act 2013 (2013 No 25).