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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Defendants who plead guilty or are found guilty

114: Procedure after defendant pleads or is found guilty

You could also call this:

"What happens in court after you plead or are found guilty"

Illustration for Criminal Procedure Act 2011

If you plead guilty or are found guilty, the court can convict you or deal with you in another way allowed by law. The court can then either adjourn the case or sentence you right away. If you are in the District Court, the court must send your case to the High Court for sentencing if certain conditions apply, such as if section 81B or section 90 of the Sentencing Act 2002 applies, or if you have committed a category 4 offence. The court will follow the rules set out in section 74(4) and (5) to decide which High Court will hear your sentencing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360201.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 5General provisions
Conduct of proceeding: Defendants who plead guilty or are found guilty

114Procedure after defendant pleads or is found guilty

  1. If a defendant pleads guilty or is found guilty, the court may convict or deal with the defendant in any other manner authorised by law and—

  2. adjourn the proceeding; or
    1. sentence or otherwise deal with the defendant immediately.

      1. Despite subsection (1), if the defendant is before the District Court the court must transfer the proceeding to the High Court (at the place determined in accordance with section 74(4) and (5) as if the High Court were the trial court) for the sentencing of the defendant if—

      2. section 81B of the Sentencing Act 2002 applies; or
        1. section 90 of the Sentencing Act 2002 applies; or
          1. the offence is a category 4 offence.

            Compare
            Notes
            • Section 114(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).