Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

17: Content of charge

You could also call this:

"What you're accused of: the charge must be clear and tell you what law you broke"

Illustration for Criminal Procedure Act 2011

When you are charged with a crime, the charge must be about one offence only. The charge must be clear so you know what you are accused of doing. You must be told what law you are alleged to have broken.

If the charge is saying you did something in one way or another, it must say so. If the charge is a representative charge, it must say so too. A representative charge is when you are accused of doing something many times, but the charge only gives details of some of those times.

The charge must give you enough information to understand what you are accused of. This includes telling you what law you allegedly broke and when the offence is said to have happened. In some cases, the charge must also give more details, like the minimum amount or quantity of something that the prosecution must prove.

There are some exceptions to these rules, which are explained in sections 19 and 20.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360059.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

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"

Next

18: Court may order further particulars, or

"The judge can ask for more information to make a fair decision"

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

17Content of charge

  1. A charge must relate to a single offence.

  2. A charge that is worded in the alternative must be identified as such.

  3. A representative charge must be identified as such.

  4. A charge must contain sufficient particulars to fully and fairly inform the defendant of the substance of the offence that it is alleged that the defendant has committed.

  5. Without limiting subsection (4), the particulars provided under that subsection must include—

  6. a reference to a provision of an enactment creating the offence that it is alleged that the defendant has committed; and
    1. if the charge is a representative charge, the information specified in subsection (6).

      1. The information referred to in subsection (5)(b) is as follows:

      2. particulars of the offences of which the charge is representative, including, without limitation, when values, amounts, or quantities are relevant, particulars of the minimum values, amounts, or quantities that the prosecution must establish in order for the charge to be proved; and
        1. the dates on or between which the offending is alleged to have occurred.

          1. Subsection (1) is subject to sections 19 and 20.

          Compare