Criminal Procedure Act 2011

Procedure before trial - Pleas - Entering plea

37: Defendant may enter plea

You could also call this:

"You can tell the court if you are guilty or not guilty at the start of your case"

Illustration for Criminal Procedure Act 2011

You can enter a plea at any time before the court asks you to. The court can accept your plea before they officially ask for it, as long as it's before they require a plea under section 39. You can say you are guilty or not guilty, or you can enter a special plea.

If you do not have a lawyer, the court must make sure you know about your rights to have a lawyer. This includes knowing about legal aid under the Legal Services Act 2011. The court must also make sure you understand these rights and have had a chance to use them.

If you have a lawyer, you can plead not guilty or enter a special plea by giving the court a notice. The court will then tell the prosecutor that you have given them a notice. If you are not in court but want to plead guilty, you will be brought to court to enter your plea. A Registrar can accept a not guilty plea from you if you are charged with certain types of offences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865718.


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"What happens in court before a category 4 case is moved to the High Court"


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38: Right to plead to category 1 offence by notice, or

"Pleading guilty or not guilty to a serious charge by sending a notice to court"

Part 3Procedure before trial
Pleas: Entering plea

37Defendant may enter plea

  1. At any time before the court requires a plea under section 39 the court may receive a plea from the defendant.

  2. The defendant may plead either guilty or not guilty, or enter a special plea.

  3. If the defendant is not represented by a lawyer,—

  4. the court must be satisfied that the defendant—
    1. has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2011; and
      1. has fully understood those rights; and
        1. has had a reasonable opportunity to exercise those rights; and
        2. the substance of the charge must be read to the defendant.
          1. A defendant who is represented by a lawyer may plead not guilty or enter a special plea by filing a notice in court.

          2. The Registrar must notify the prosecutor if a notice is received under subsection (4) from the defendant.

          3. If the defendant is not before the court but indicates that he or she intends to plead guilty, the defendant must be brought before the court to enter a plea.

          4. A Registrar may exercise the power of the court under this section to receive a not guilty plea from a defendant charged with a category 1, 2, or 3 offence.