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Criminal Procedure Act 2011

Trial - Provisions applying to Judge-alone trials

105: Conduct of Judge-alone trial

You could also call this:

"What happens in a trial when only a judge makes the decision"

Illustration for Criminal Procedure Act 2011

When you are in a Judge-alone trial, the court can decide how things are done. You will not usually make a long opening statement, but you can give a short outline. The prosecutor can outline the charge, and you can outline the issue at the trial.

The prosecutor and you will give evidence in a certain order. The prosecutor will give their evidence first, then you can give yours. After that, the prosecutor can give more evidence to respond to what you said, as long as they follow the rules in section 98 of the Evidence Act 2006.

The court can let you call a witness right after the prosecutor's witness. You and the prosecutor will not usually talk about the facts or the evidence, or address the court about it. But you can ask the court to dismiss the charge at the end of the prosecutor's 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=DLM3360171.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"What happens when you have a trial without a jury"

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"The judge's decision: how the court decides if you are guilty or not guilty"

Part 4Trial
Provisions applying to Judge-alone trials

105Conduct of Judge-alone trial

  1. Unless the court directs otherwise, neither the prosecutor nor the defendant may make an opening statement other than,—

  2. in the case of the prosecutor, a short outline of the charge or charges the defendant faces; and
    1. in the case of the defendant, a short outline of the issue or issues at the trial.

      1. Unless the court directs otherwise, the prosecutor and the defendant must call evidence in the following sequence:

      2. the prosecutor may adduce the evidence in support of the prosecution case:
        1. the defendant may adduce any evidence that he or she wishes to present:
          1. subject to section 98 of the Evidence Act 2006, the prosecutor may adduce evidence in rebuttal of evidence given by or on behalf of the defendant.

            1. Without limiting subsection (2), the court may give the defendant leave to call 1 or more witnesses (for example, an expert witness) immediately after the prosecutor has called a particular witness or witnesses.

            2. Unless the court directs otherwise, neither party may—

            3. make submissions on the facts; or
              1. address the court on the evidence given by either party.

                1. Despite subsection (4), the defendant, whether or not he or she intends to call evidence, may address the court at the end of the prosecutor's case to submit that the charge should be dismissed.

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