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Criminal Procedure Act 2011

Procedure before trial - Pleas - Special pleas

46: Previous conviction

You could also call this:

"When you've already been found guilty of something similar, the court might throw out the new charge."

Illustration for Criminal Procedure Act 2011

If you enter a plea of previous conviction for a charge, the court will dismiss the charge under section 147 if they are satisfied you have been convicted of the same offence or another offence from the same facts. The court looks at the facts of the case to decide this. You must have been convicted of an offence that is the same or related to the current charge.

If you were convicted of a less serious offence and now you are charged with a more serious offence from the same facts, the court might not dismiss the charge. This happens if the court thinks the evidence for the more serious offence was not available when you were first charged. The court considers whether the evidence was readily available at the time of the previous charge.

The court follows rules to decide whether to dismiss a charge based on a previous conviction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360094.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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45: Special pleas, or

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

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47: Previous acquittal, or

"If you're charged with a crime you've already been found not guilty of, the court will dismiss the charge."

Part 3Procedure before trial
Pleas: Special pleas

46Previous conviction

  1. If a plea of previous conviction is entered in relation to a charge, the court must dismiss the charge under section 147 if the court is satisfied that the defendant has been convicted of—

  2. the same offence as the offence currently charged, arising from the same facts; or
    1. any other offence arising from those facts.

      1. Subsection (1) does not apply if—

      2. the defendant was convicted of an offence and is currently charged with a more serious offence arising from the same facts; and
        1. the court is satisfied that the evidence of the more serious offence was not readily available at the time the charging document for the previous offence was filed.

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