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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Transfer to wrong court

183: Transfer to wrong court

You could also call this:

"What happens if your court case is sent to the wrong court and how it gets moved to the right one"

Illustration for Criminal Procedure Act 2011

If you are involved in a court case and it gets sent to the wrong court, the wrong court can send it to the right one. You will get a notice telling you when and where to go to the new court. The notice will come from the Registrar of the court that is sending your case to the new court.

If you are out on bail, the rules of your bail will change to match the new notice, and you won't need a new bail notice. You will still have to follow the rules of your bail. The changes will happen automatically when you get the new notice.

If you are in custody, the Registrar might need to issue a new warrant for you, which will say when and where you need to go to the new court. This warrant will make sure you get to the right court at the right time. It will be based on the date and time in the notice you got.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360315.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"What happens if a court fixes a mistake in your sentence and you need a new one."

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"The court keeps a permanent record of what happens in a case, like a diary of events."

Part 5General provisions
Conduct of proceeding: Transfer to wrong court

183Transfer to wrong court

  1. If a proceeding is transferred to a court, but the court to which it is transferred is not the correct court, the court to which the proceeding is transferred may transfer the proceeding to the appropriate court.

  2. If the court that is transferring the proceeding so directs, the Registrar of that court must give or cause to be given a notice to the prosecutor, and to the defendant, of the date and time at which the defendant must report to the court to which the proceedings have been transferred.

  3. If the defendant has been released on bail, the conditions of bail are deemed to be varied in accordance with the notice, and no new notice of bail is required.

  4. If the defendant has been remanded in custody, the Registrar must, if necessary, issue a new warrant for the detention of the defendant that accords with the date and time on which, and place to which, the defendant must report.

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