Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Withdrawal and dismissal of charges

147: Dismissal of charge generally

You could also call this:

"The court can stop a charge against you at any time if they think there's not enough evidence."

Illustration for Criminal Procedure Act 2011

The court can stop a charge at any time before or during the trial. This can happen before you are found guilty or not guilty, or before you say you are guilty. The court can do this on its own, or because the prosecutor or you asked them to.

The court can make this decision based on what people have said in writing, what they have said in court, and any other information the prosecutor or you give them. They can also stop a charge if the prosecutor does not give any evidence, or if the court thinks there is not enough evidence to convict you.

If the court stops a charge, they must tell you in open court. If this happens, you are considered to be not guilty of that charge. The court can still decide to convict and discharge you, even if they stop a charge. The court may follow rules from other parts of the law, such as section 92, when making these decisions.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360237.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

146A: Withdrawal of charge due to risk to national security interests, or

"A prosecutor can stop a court case if sharing information would put New Zealand's safety at risk."

147A: Dismissal of charge when information withheld due to risk to national security interests, or

"A court can stop a charge if sharing some information would hurt New Zealand's safety."

Part 5General provisions
Conduct of proceeding: Withdrawal and dismissal of charges

147Dismissal of charge generally

The court may dismiss a charge at any time before or during the trial, but before the defendant is found guilty or not guilty, or enters a plea of guilty.
The court may dismiss the charge on its own motion or on the application of the prosecutor or the defendant.
A decision to dismiss a charge may be made on the basis of any formal statements, any oral evidence taken in accordance with an order made under section 92, and any other evidence and information that is provided by the prosecutor or the defendant.
Without limiting subsection (1), the court may dismiss a charge if—
the prosecutor has not offered evidence at trial; or
in relation to a charge for which the trial procedure is the Judge-alone procedure, the court is satisfied that there is no case to answer; or
in relation to a charge to be tried, or being tried, by a jury, the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant.

A decision to dismiss a charge must be given in open court.
If a charge is dismissed under this section the defendant is deemed to be acquitted on that charge.
Nothing in this section affects the power of the court to convict and discharge any person.

Compare

1961 No 43 s 347

Notes

Section 147 heading: amended, on 28 November 2023, by section 27 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).