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Criminal Procedure Act 2011

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

131: Powers of court when prosecutor does not appear

You could also call this:

"What happens in court if the prosecutor doesn't show up"

Illustration for Criminal Procedure Act 2011

If you are at a hearing and the prosecutor does not show up, the court has some options. The court will look at why the prosecutor is not there and make a decision based on that. If you are in custody or on bail and the prosecutor did not know about the hearing, the court will delay the hearing.

The court wants to make sure the prosecutor has a chance to be there, so it will choose a new time and place for the hearing. If you are not in custody or on bail, the court can either dismiss the charge under section 147 or delay the hearing to another time. The court will decide what it thinks is best in this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360218.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 5General provisions
Conduct of proceeding: Powers of court when prosecutor does not appear

131Powers of court when prosecutor does not appear

  1. This section applies to any hearing if the defendant appears but the prosecutor does not.

  2. If the defendant is in custody or has been released on bail and the prosecutor has not had adequate notice of the hearing, the court must adjourn the hearing to the time and place, and on the conditions, that it thinks fit to enable the prosecutor to appear.

  3. In any other case, the court may—

  4. dismiss the charge under section 147; or
    1. adjourn the hearing to a time and place, and on any conditions, that the court thinks fit.

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