Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Procedure before trial - Pleas - Entering plea

38: Right to plead to category 1 offence by notice

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are charged with a category 1 offence, you can plead guilty or not guilty by filing a notice in court. You can also enter a special plea this way, which is different from a normal guilty or not guilty plea. This is an exception to what is said in section 37.

If you plead guilty, you can say in your notice whether you want to go to court for sentencing. You can also include written submissions to help the court decide your sentence.

The court will tell the prosecutor if you file a notice. You can change your plea from not guilty to guilty at any time before the trial by filing a new notice.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865719.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

37: Defendant may enter plea, or

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

Next

39: Requirement for defendant to plead, or

"Telling the court if you are guilty or not guilty"

Part 3Procedure before trial
Pleas: Entering plea

38Right to plead to category 1 offence by notice

  1. Despite section 37, a defendant charged with a category 1 offence may plead guilty or not guilty, or enter a special plea, by filing a notice in court.

  2. A defendant who pleads guilty may—

  3. indicate in the notice whether he or she wishes to appear at court for sentencing; and
    1. if the defendant thinks fit (and regardless of whether the defendant wishes to appear at court for sentencing), include in or with the notice written submissions to be taken into account at sentencing.

      1. The Registrar must notify the prosecutor if a notice is received under subsection (1) from the defendant.

      2. At any time before the trial, the defendant may change a plea of not guilty by giving a notice under subsection (1).

      Compare