Criminal Procedure Act 2011

Trial - Provisions applying to both Judge-alone and jury trials - Dismissal of charge in certain cases

112: Court must dismiss charge in certain cases

You could also call this:

"The court must drop a charge if the prosecutor decides not to continue with the case."

Illustration for Criminal Procedure Act 2011

If you are charged with a crime, you might ask to question a witness about who they are. You can do this under section 109(1)(d) or section 109B(2) of the Evidence Act 2006. If the prosecutor decides not to proceed with the charge, they will tell the court.

The court will then dismiss the charge under section 147. This means the charge against you will be dropped.

You will not have to go through with the court case for this charge.

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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=DLM3360195.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

111: Alibi, or

"Saying you were somewhere else when a crime happened, and giving proof to back it up"

113: Adjourning trial for witness, or

"Stopping a trial to get a fair hearing if a surprise witness appears"

Part 4Trial
Provisions applying to both Judge-alone and jury trials: Dismissal of charge in certain cases

112Court must dismiss charge in certain cases

Where, on an application under section 109(1)(d) or 109B(2) of the Evidence Act 2006, leave is granted to the defendant to put any question relating to the identity of a witness called by the prosecutor, the prosecutor may inform the court that the prosecution does not intend to proceed with the charge.
In a case described in subsection (1), the court must dismiss the charge under section 147.

Compare

1961 No 43 s 369A

Notes

Section 112(1): amended, on 28 November 2023, by section 23 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).