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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Notifying defendant of court appearance

31: Charging document must be filed promptly

You could also call this:

"The police must send the charging document to court quickly after you are charged with a crime."

Illustration for Criminal Procedure Act 2011

When you are charged with a crime, a document called a charging document is created. This document must be filed with the court promptly. You can file the charging document before or after a summons is issued or served under section 28 or 29.

If the charging document is not filed before the summons is served, it must be filed as soon as possible after the summons is served, unless section 32(1)(a) applies.

A constable or other person who issues a summons must make sure the charging document is filed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360074.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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30: Provisions relating to summons issued under section 28 or 29, or

"What to do if you get a summons to go to court"

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"Changing a charge after a summons has been issued"

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

31Charging document must be filed promptly

  1. A charging document may be filed before or after a summons is issued or served under section 28 or 29.

  2. Unless section 32(1)(a) applies, if a charging document has not been filed before a summons is served under section 28 or 29, it must be filed as soon as is reasonably practicable after the summons has been served.

  3. A constable or other person who issues a summons must ensure that the charging document required by subsection (2) is filed.

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Notes
  • Section 31(2): amended, on , by section 6 of the Criminal Procedure Amendment Act 2013 (2013 No 25).