Criminal Procedure Act 2011

Trial - Provisions applying to Judge-alone trials

106: Decision of court

You could also call this:

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

Illustration for Criminal Procedure Act 2011

When you are in court, the judge listens to what you and the other person have to say. The judge also looks at the evidence that you both give. Then, the judge decides if you are guilty or not guilty. The judge must explain why they made their decision. This helps you understand what the judge thought about your case.

The judge can make their decision right away, or they can take some time to think about it. If the judge takes some time, they will give their decision later, either in court or by sending it to the court office. If the judge sends their decision to the court office, the office will give it to you at a time and place they choose.

The judge's decision is important, and it has the same power whether they give it in court or send it to you later. The judge might explain their decision when they give it, or they might explain it later. You can see how this law is similar to an older law, the 1957 No 87 s 68, by looking at the link.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360173.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

105: Conduct of Judge-alone trial, or

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

107: Conduct of jury trial, or

"How a trial works when a jury is involved"

Part 4Trial
Provisions applying to Judge-alone trials

106Decision of court

The court, having heard what each party has to say and the evidence adduced by each, must consider the matter and may find the defendant guilty or not guilty.
The court must give reasons for its decision under subsection (1).
The court may, if it thinks fit, reserve its decision under subsection (1).
If the court reserves its decision, the court must—
give it at any adjourned or subsequent sitting of the court; or
record the decision, authenticate it, and send it to the Registrar.

If a decision is sent to the Registrar under subsection (4), the Registrar must deliver it at a time and place appointed by the Registrar.
A reserved decision delivered by the Registrar has the same force and effect as if given by the court on that date.
The reasons for the court's decision may accompany the court's decision, or be given later.

Compare

1957 No 87 s 68