Criminal Procedure Act 2011

Procedure before trial - Pleas - Entering plea

44: Plea where charge alleges previous conviction

You could also call this:

"What to do if a charge mentions you've been in trouble before"

Illustration for Criminal Procedure Act 2011

If you are charged with a crime and the charge says you have been convicted before, you do not have to say yes or no to that part of the charge. You only have to answer the rest of the charge, unless you want to say you are guilty of the whole thing. The law about this is similar to what it was in the past, as seen in the Criminal Justice Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360090.


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"What happens if you say you'll plead guilty but then don't"


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45: Special pleas, or

"Special pleas: saying you've already been found guilty or not guilty of something before"

Part 3Procedure before trial
Pleas: Entering plea

44Plea where charge alleges previous conviction

  1. If a charge contains an allegation that the defendant has been previously convicted, the defendant is not required to plead to that allegation, unless he or she pleads guilty to the rest of the charge.

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