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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Further provisions relating to charges

145: Conviction of charge containing allegation of previous conviction

You could also call this:

"What happens if you're charged with a crime and you've been in trouble before?"

Illustration for Criminal Procedure Act 2011

If you are charged with a crime and the charge says you have been convicted before, this section applies to you. You must not have pleaded to the allegation of a previous conviction, as outlined in section 44, and you must have pleaded guilty to or been found guilty of the charge. The court will then ask you if you have been previously convicted as alleged before you are sentenced.

When the court asks you this question, you can say yes or no. If you say you have not been previously convicted, or if you do not say you have been convicted, the judicial officer will decide the matter.

The judicial officer's decision is important because it will affect what happens next in your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360234.

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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: Further provisions relating to charges

145Conviction of charge containing allegation of previous conviction

  1. This section applies if—

  2. a charge contains an allegation that the defendant has been previously convicted; and
    1. the defendant, in accordance with section 44, has not pleaded to that allegation; and
      1. the defendant pleads guilty to or is found guilty of the charge.

        1. Before the defendant is sentenced, he or she must be asked whether or not he or she has been previously convicted as alleged.

        2. If the defendant says that he or she has not been previously convicted as alleged, or does not say that he or she has been so convicted, the judicial officer must determine the matter.

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