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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Proceedings conducted together

138: Trial of different charges together

You could also call this:

"Hearing multiple charges at the same time in court"

Illustration for Criminal Procedure Act 2011

When you are facing charges in court, the prosecutor can ask the court to hear some or all of the charges together. The prosecutor does this by telling the court before the hearing starts that they want to hear two or more charges against you at the same time, or that they want to hear the charges against you with charges against someone else. The court will then decide if this is a good idea.

If the court has already adjourned your case for trial, the prosecutor must ask the court's permission to hear the charges together. This is so the court can make sure it is fair to you and to the other people involved. The court can say yes or no to the prosecutor's request.

The court can also decide on its own to hear some charges separately, even if the prosecutor does not ask for this. The court does this if it thinks it is fair and just to do so. You or the prosecutor can also ask the court to hear some charges separately.

If the court decides to hear some charges separately during the trial, it will stop the trial for the charges that are not going ahead. If you are having a jury trial, the jury will be told they do not have to decide on the charges that are not going ahead. The court can make this decision at any time during the trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360228.

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Part 5General provisions
Conduct of proceeding: Proceedings conducted together

138Trial of different charges together

  1. The prosecutor may, by notifying the court before which a proceeding is being heard, propose that—

  2. 2 or more charges against 1 defendant be heard together; or
    1. the charges against 1 defendant be heard with charges against 1 or more other defendants.

      1. Despite subsection (1), the prosecutor must seek leave for the charges to be heard together if the notification involves a charge in respect of which the proceedings have been adjourned—

      2. for trial, if the trial procedure is the Judge-alone procedure; or
        1. for trial callover, if the trial procedure is the jury trial procedure.

          1. Unless the court makes an order under subsection (4), charges must be heard together—

          2. in accordance with any notification given under subsection (1); or
            1. if leave is granted under subsection (2).

              1. If the court before which the proceeding is being conducted considers it is in the interests of justice to do so, it may, on its own motion or on the application of the prosecutor or a defendant, order that 1 or more charges against the defendant be heard separately.

              2. An order under subsection (4) may be made before or during the trial, and,—

              3. if it is made during the course of a Judge-alone trial, the court must adjourn the trial of the charges in respect of which the trial is not to proceed; and
                1. if it is made during the course of a jury trial, the jury must be discharged from giving a verdict on the charges in respect of which the trial is not to proceed.

                  Notes
                  • Section 138: replaced, on , by section 36 of the Courts Matters Act 2018 (2018 No 50).