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Criminal Procedure Act 2011

Procedure before trial - Pleas - Entering plea

39: Requirement for defendant to plead

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are a defendant and you have not said if you are guilty or not, the court can ask you to say so. The court will only do this if you have already been given some information about the case, as set out in section 12(1) of the Criminal Disclosure Act 2008. 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, including the right to get 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. The court will read the charge to you.

A Registrar can ask you to plead if you are charged with certain types of offences. If you tell the Registrar you want to plead guilty, you will be taken to court to enter your plea.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865720.

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

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40: Not guilty plea for category 4 offence, or

"Saying you're not guilty of a serious crime in the High Court."

Part 3Procedure before trial
Pleas: Entering plea

39Requirement for defendant to plead

  1. If the defendant has not pleaded to a charge under section 37 or 38, the court may require a defendant to plead if the court is satisfied that the defendant has had initial disclosure in accordance with section 12(1) of the Criminal Disclosure Act 2008.

  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 Registrar may exercise the power of the court under this section to require a plea from a defendant charged with a category 1, 2, or 3 offence.

          2. If the defendant indicates to a Registrar exercising the powers of the court in accordance with subsection (4) that he or she intends to plead guilty, the defendant must be brought before the court to enter a plea.