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Criminal Procedure Act 2011

Procedure before trial - Pleas - Special pleas

49: Procedure for dealing with special plea

You could also call this:

"What happens when you enter a special plea in court and a Judge decides if you can use it"

Illustration for Criminal Procedure Act 2011

If you enter a special plea, a Judge will decide if you can use it. The Judge can look at any evidence they think is relevant to make this decision. They will decide if the special plea is available to you.

If the Judge decides the special plea is not available, you will have to enter a plea of guilty or not guilty to the charge. This means you have to say if you did or did not do what you are accused of. The Judge's decision is important in this process.

There is an exception for category 4 offences, where a High Court Judge will decide if the special plea is available. You can find more information about this by looking at the relevant legislation. The Judge's role is crucial in determining the outcome of your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360098.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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48: Pardon, or

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

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50: Defendant charged with category 3 offence may elect trial by jury, or

"You can choose a jury trial if you're accused of a category 3 crime and plead not guilty."

Part 3Procedure before trial
Pleas: Special pleas

49Procedure for dealing with special plea

  1. If a special plea is entered, the availability of that plea must be decided by a Judge.

  2. In deciding whether a special plea is available to the defendant, the Judge may consider any evidence the Judge considers appropriate.

  3. If the Judge decides that the special plea entered is not available to the defendant, the defendant must be required to enter a plea of guilty or not guilty to the charge.

  4. Despite subsection (1), if a special plea is entered in relation to a charge for a category 4 offence, the availability of that plea must be decided by a High Court Judge.

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