Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Adjournments and bail

168: Dealing with defendant on adjournment

You could also call this:

"What happens to you if your court case is put on hold"

Illustration for Criminal Procedure Act 2011

If a court case is put on hold, a judicial officer or Registrar can decide what to do with you. They can let you go free, grant you bail under the Bail Act 2000, or keep you in custody if you might go to prison or have been arrested. They make this decision according to sections 171 and 172, and the Bail Act 2000. A Registrar can keep you in custody if you and the prosecutor agree, and if you have a lawyer or have decided not to get legal advice.

If a Registrar keeps you in custody, you will be brought before a judicial officer as soon as possible if you change your mind about agreeing to be kept in custody. The judicial officer will then decide what to do with you. If you are kept in custody, the judicial officer or Registrar must issue a warrant to keep you in prison for the time the case is on hold, during your trial, or until you are sentenced.

If a Registrar puts your case on hold and you or the prosecutor are not there, the Registrar must tell the person who is not there what happened in writing. This is what happens when a court case is put on hold and you are the defendant.

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 It might be out of date or be missing some parts.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=DLM3360288.


Previous

167: Power to adjourn, or

"The court can pause a case and set a new time and place for it to continue later."


Next

168A: No-contact conditions if family violence offence defendant remanded in custody, or

"Rules to stop you contacting certain people if you're in custody for a family violence offence"

Part 5General provisions
Conduct of proceeding: Adjournments and bail

168Dealing with defendant on adjournment

  1. If a proceeding is adjourned, a judicial officer or Registrar may, subject to sections 171 and 172, and in accordance with any applicable provisions of the Bail Act 2000,—

  2. allow the defendant to go at large; or
    1. grant the defendant bail under the Bail Act 2000; or
      1. if the defendant is liable on conviction to a sentence of imprisonment or if the defendant has been arrested, remand the defendant in custody.
        1. A Registrar may exercise the power conferred by subsection (1)(c) to remand a defendant in custody if—

        2. both the defendant and the prosecutor agree to the remand; and
          1. the defendant—
            1. is legally represented or has indicated that he or she has received legal advice; or
              1. has declined an opportunity to obtain legal advice.
              2. If a Registrar remands a person in custody under subsection (1)(c) the defendant must be brought before a judicial officer at the earliest opportunity if, at any time during the period of remand, the defendant withdraws his or her agreement under subsection (2)(a) and the judicial officer must declare what action (if any) should be taken under subsection (1) in respect of the defendant.

              3. If a defendant is remanded in custody under subsection (1)(c), the judicial officer or Registrar must issue a warrant for the detention of the defendant in a prison—

              4. for the period of the adjournment; or
                1. pending and during the defendant's trial; or
                  1. pending the defendant being brought up for sentence and during his or her sentencing.
                    1. If a Registrar adjourns a proceeding and the defendant or the prosecutor are not present, the Registrar must notify the absent party in writing.

                    Compare