Part 5General provisions
Conduct of proceeding: Adjournments and bail
168Dealing with defendant on adjournment
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,—
- allow the defendant to go at large; or
- grant the defendant bail under the Bail Act 2000; or
- if the defendant is liable on conviction to a sentence of imprisonment or if the defendant has been arrested, remand the defendant in custody.
A Registrar may exercise the power conferred by subsection (1)(c) to remand a defendant in custody if—
- both the defendant and the prosecutor agree to the remand; and
- the defendant—
- is legally represented or has indicated that he or she has received legal advice; or
- has declined an opportunity to obtain legal advice.
- is legally represented or has indicated that he or she has received legal advice; or
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.
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—
- for the period of the adjournment; or
- pending and during the defendant's trial; or
- pending the defendant being brought up for sentence and during his or her sentencing.
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
- 1957 No 87 s 46


