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Criminal Procedure Act 2011

Procedure before trial - Determination of level of trial court for category 2 and 3 offences - Determination of level of trial court for protocol offences

69: Proceedings not invalid

You could also call this:

"Mistakes in following the rules don't automatically cancel a court case"

Illustration for Criminal Procedure Act 2011

If you are involved in a court case about a protocol offence, the case is not automatically invalid if it was not identified as a protocol offence and dealt with according to sections 67 and 68. You should know that a protocol offence is still valid even if it was not handled exactly as the law says. The court case will still happen even if there were some mistakes in following the rules.

If a protocol offence was identified and an order was made under section 68(1), and then the order was reconsidered, the case is not invalid just because the order was not reconsidered in accordance with section 68A. You will still have to go through the court process. The rules about protocol offences and how they are handled are outlined in the Criminal Procedure Act 2011 and related sections like section 68 and section 68A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360131.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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68A: High Court Judge may reconsider orders made under section 68 in certain circumstances, or

"A High Court Judge can change their mind about which court hears your case if something important changes."

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70: High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court, or

"A High Court Judge decides which court your trial is in for some crimes."

Part 3Procedure before trial
Determination of level of trial court for category 2 and 3 offences: Determination of level of trial court for protocol offences

69Proceedings not invalid

  1. No proceeding that relates to a protocol offence is invalid only because it failed to be identified as a protocol offence and considered in accordance with sections 67 and 68.

  2. No proceeding that relates to a protocol offence is invalid only because—

  3. the offence was identified as a protocol offence; and
    1. an order was made under section 68(1); and
      1. the order was reconsidered (with or without being replaced by a new order made under section 68(1)); but
        1. the order was not reconsidered in accordance with section 68A.

          Notes
          • Section 69(2): inserted, on , by Schedule 6 clause 6 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).