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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Powers of court when defendant does not appear

120: Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered

You could also call this:

"What happens if you don't show up to court when charged with a less serious crime and haven't entered a plea yet"

Illustration for Criminal Procedure Act 2011

If you are charged with a category 2, 3, or 4 offence, a special rule applies to your court case. You have not yet said if you are guilty or not guilty, and you are supposed to be at the court hearing. If the prosecutor is at the hearing but you are not, the court can take action against you. A judicial officer or the Registrar can issue a warrant to arrest you and bring you to court, as stated in section 118. This means the police can arrest you and take you to court to face the charges against you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360210.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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119: Non-attendance of defendant charged with offence in category 1, or

"What happens if you don't go to court when charged with a serious offence"

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121: Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing, or

"What happens if you don't go to court when you're supposed to, after you've pleaded not guilty to a crime?"

Part 5General provisions
Conduct of proceeding: Powers of court when defendant does not appear

120Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered

  1. This section applies to any hearing if—

  2. the offence charged is a category 2, 3, or 4 offence; and
    1. the defendant has not entered a plea; and
      1. the defendant is required, under section 118, to be present at the hearing; and
        1. the prosecutor attends the hearing, but the defendant does not.

          1. A judicial officer or the Registrar may issue a warrant to arrest the defendant and bring him or her before the court.

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