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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Filing of formal statements

82: Requirements for formal statements

You could also call this:

"Rules for making a formal statement that tells the truth and can be used in court"

Illustration for Criminal Procedure Act 2011

When you make a formal statement, it must be recorded in a way that you can understand. You must say that what you are saying is true and that you know it might be used in court. Your statement must also follow some specific rules.

If you are under 18 years old, your statement must say how old you are. If you cannot read your statement, someone must read it to you before you agree that it is true. The person who reads it to you must also write down that they read it to you and that you seemed to understand it.

There are special rules if you are under 18 or cannot make a declaration, and you make a video statement. In this case, you must follow the rules set out in the Evidence Act 2006. You must also tell the truth when you make your statement.

When a prosecutor files your formal statement, they can also file a summary of the parts they plan to use as evidence. If you have already made a written statement that meets certain requirements, it can be used as a formal statement. For example, if your statement meets the requirements of section 162 of the Summary Proceedings Act 1957, it can be used as a formal statement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360149.

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"When a court case is put on hold or goes to a jury trial, this part of the law applies."

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Part 3Procedure before trial
Provisions applying only to jury trial procedure: Filing of formal statements

82Requirements for formal statements

  1. A formal statement is a statement recorded in any medium by a person who is a potential witness in a criminal proceeding where—

  2. the statement contains the evidence of that witness; and
    1. the statement contains, or is accompanied by, a declaration by the witness that the statement is true and that the witness made it with the knowledge that it may be used in court proceedings; and
      1. the statement complies with subsection (2), (3), or (3A) if applicable.

        1. If a formal statement under subsection (1) is made by a person aged under 18 years, the statement must specify the age of that person.

        2. If a formal statement under subsection (1) or a declaration required by subsection (1)(b) is made in written form by a person who cannot read it,—

        3. the statement or declaration must be read to that person before the person authenticates it; and
          1. the reader must attach to the statement or declaration an authenticated statement by that reader to the effect that the statement or declaration was read to the person and that the person to whom it was read appeared to understand its contents.

            1. Despite subsection (1)(b), if a formal statement under subsection (1) is made by a person aged under 18 years or by a person who is incapable of making the declaration required by subsection (1)(b), and is in the form of a video record, no declaration is required but the statement must—

            2. be made in the manner prescribed by regulations made under the Evidence Act 2006; and
              1. substantially comply with the requirements prescribed in those regulations (including any provisions in those regulations requiring the witness to tell the truth).

                1. When filing a formal statement, the prosecutor may file, in addition to the statement itself, a summary of the parts of it that the prosecutor intends to rely on as evidence at the trial.

                2. A formal written statement that satisfies the requirements of section 162 of the Summary Proceedings Act 1957 may be treated as a formal statement that satisfies the requirements of this section.

                Compare
                Notes
                • Section 82(1)(b): amended, on , by section 32(1) of the Courts Matters Act 2018 (2018 No 50).
                • Section 82(1)(c): amended, on , by section 32(2) of the Courts Matters Act 2018 (2018 No 50).
                • Section 82(3A): inserted, on , by section 32(3) of the Courts Matters Act 2018 (2018 No 50).
                • Section 82(5): inserted, on , by section 7 of the Criminal Procedure Amendment Act 2013 (2013 No 25).