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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Adjournments and bail

170: Defendant in custody may be brought up before expiry of period of adjournment

You could also call this:

"You can be taken to court early if you're in custody for a charge."

Illustration for Criminal Procedure Act 2011

If you are in custody for a charge, you can be brought to court before the time you were supposed to be there is up. You can be taken to see a judicial officer to talk about or get a direction under section 168A. This is about conditions to stop you contacting someone if you are charged with a family violence offence and are being held in custody.

You can also be taken to court to deal with the charge against you. This can happen at any time, even if the time you were supposed to be in custody has not finished yet. You will be dealt with by the court for the charge you are facing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360294.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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169: Order for detention of defendant in hospital or secure facility, or

"The court can send you to a hospital or secure facility instead of prison if you need special care while waiting for trial."

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171: Defendants under 16 must not be imprisoned pending hearing or sentence, or

"Kids under 16 can't be sent to prison while waiting for a court hearing or sentence."

Part 5General provisions
Conduct of proceeding: Adjournments and bail

170Defendant in custody may be brought up before expiry of period of adjournment

  1. This section applies to a defendant who has been remanded in custody on any charge, even if the period for which the defendant was remanded in custody has not expired.

  2. The defendant may at any time be brought before—

  3. a judicial officer, for the consideration or giving of a direction under section 168A (no-contact conditions if family violence offence defendant remanded in custody):
    1. a court, to be dealt with on that charge.

      Compare
      Notes
      • Section 170: replaced, on , by section 45 of the Family Violence (Amendments) Act 2018 (2018 No 47).