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Criminal Procedure Act 2011

General provisions - Solicitor-General's responsibility for oversight and conduct of certain prosecutions

190: Power of Solicitor-General or Crown prosecutor to amend charge

You could also call this:

"The government lawyer can change the charges against someone without asking the court first."

Illustration for Criminal Procedure Act 2011

The Solicitor-General or a Crown prosecutor can change a charge without the court's permission. They can do this by filing a notice under section 189 and then filing another notice to amend the charge. This can happen before the trial and within a certain time after filing the first notice.

When the court gets the notice to amend the charge, it must make the changes. The court will amend the charge as requested in the notice.

The Solicitor-General or a Crown prosecutor can also ask the court to change a charge at any other time, using section 133. They can even swap one offence for another, and if they do, section 134(2) will apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360324.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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189: Crown prosecution notice must be filed, or

"The police or prosecutor must tell the court they are in charge of a case."

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191: Power of Solicitor-General or Crown prosecutor to add new charges, or

"The Solicitor-General or Crown prosecutor can add new charges to a case without the court's permission."

Part 5General provisions
Solicitor-General's responsibility for oversight and conduct of certain prosecutions

190Power of Solicitor-General or Crown prosecutor to amend charge

  1. Without the leave of the court, the Solicitor-General or a Crown prosecutor may, on filing a notice under section 189 in relation to a proceeding, or before the trial and within any prescribed period after filing that notice, file in the court hearing the proceeding a notice to amend any charge to which that proceeding relates.

  2. On receipt of a notice to amend a charge under subsection (1) the court hearing the proceeding must amend the charge in accordance with the notice.

  3. Nothing in this section prevents the Solicitor-General or a Crown prosecutor at any other time requesting that the court amend a charge under section 133.

  4. The power to amend a charge under subsection (1) includes a power to substitute one offence for another offence, in which case section 134(2) applies.