Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Amendment of charge

133: Amendment of charge

You could also call this:

"The court can change what someone is accused of at any time before a decision is made."

Illustration for Criminal Procedure Act 2011

The court can change a charge at any stage of a case before a verdict is given. You can think of a charge like an accusation of doing something wrong. The court can make this change on its own or because the prosecutor or defendant asked for it.

The prosecutor is the person who is trying to prove that someone did something wrong. The defendant is the person who is accused of doing something wrong. A change to a charge can also be made by a Registrar if the prosecutor and defendant agree to the change, but only for certain types of offences.

A Registrar is a type of court official who helps with the management of court cases. The change can be made in respect of any offence except a category 4 offence, which is a type of serious offence. This means that for less serious offences, a Registrar can make changes to a charge if everyone agrees.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360222.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

132: Powers of court when neither party appears, or

"What happens in court if neither side shows up"

Next

134: Procedure if charge amended before trial, or

"What happens if the court changes the charges against you before a trial"

Part 5General provisions
Conduct of proceeding: Amendment of charge

133Amendment of charge

  1. A charge (including any of the particulars required to be specified in a charging document under section 16(2)) may be amended by the court at any stage in a proceeding before the delivery of the verdict or decision of the court.

  2. The amendment may be made on the court's own motion or on the application of the prosecutor or the defendant.

  3. A Registrar may, in respect of any offence other than a category 4 offence, exercise the power under subsection (1) if the prosecutor and the defendant consent to the amendment.

Compare
Notes
  • Section 133(3): inserted, on , by section 5 of the Criminal Procedure Amendment Act 2016 (2016 No 61).