Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Procedure before trial - Pleas - Special pleas

47: Previous acquittal

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you enter a plea of previous acquittal for a charge, the court will dismiss the charge under section 147 if it is satisfied that you have already been found not guilty of the same offence or another offence related to the same facts. The court looks at whether you were found not guilty of the same crime you are charged with now, or another crime that happened because of the same things. If the court is satisfied, it must dismiss the charge.

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 It might be out of date or be missing some parts.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=DLM3360095.

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

46: Previous conviction, or

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

Next

48: Pardon, or

"When you're forgiven for a crime, the court can dismiss the same crime if charged again"

Part 3Procedure before trial
Pleas: Special pleas

47Previous acquittal

  1. If a plea of previous acquittal 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 acquitted of—

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

      Compare