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Criminal Procedure Act 2011

Procedure before trial - Case management

56: Information to be provided in case management memorandum

You could also call this:

"What information must be included when preparing a court case plan"

Illustration for Criminal Procedure Act 2011

When you are involved in a court case, a document called a case management memorandum is prepared. This document must contain certain information, such as whether you intend to change your plea, or if the prosecutor wants to add or remove any charges. It must also say if the prosecutor thinks the case should be heard in a different court, or if you want a sentence indication under section 61.

You must also tell the court if you think there is an issue that needs the judge's attention, and what that issue is. If your case is a category 2 or 3 offence, the prosecutor must say if they think it is a protocol offence, and if so, which court they think it should be heard in.

If you are having a Judge-alone trial, the case management memorandum must also include information about any pre-trial applications you or the prosecutor want to make, and any admissions you make under section 9 of the Evidence Act 2006. You must also give an indication of which facts you will or won't dispute at the trial, and which issues you will or won't rely on. The document must include the number of witnesses you plan to call, how long you think the trial will take, and any other information the court rules require.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865729.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 3Procedure before trial
Case management

56Information to be provided in case management memorandum

  1. A case management memorandum must contain the following information:

  2. whether the defendant intends to change his or her plea:
    1. whether the prosecutor intends to seek leave to amend or withdraw any charges:
      1. whether the prosecutor proposes to add a new charge or charges against the defendant:
        1. whether any charges are to be heard together under section 138(1) (including together with charges heard against 1 or more other defendants):
          1. whether the defendant requests a sentence indication under section 61:
            1. whether the prosecutor or the defendant, or both, consider there is a matter (other than one in paragraph (a), (b), or (d)) that requires judicial intervention and, if so, the nature of that matter:
              1. if the offence is a category 2 or 3 offence, whether the prosecutor considers that it is a protocol offence and,—
                1. if so, the views of the prosecutor and the defendant as to the appropriate court in which the proceeding should be tried; or
                  1. if not, whether the prosecutor or the defendant intends to apply for a transfer of the proceeding under section 70:
                  2. any other information required by rules of court.

                    1. If the trial procedure is the Judge-alone trial procedure, a case management memorandum must also contain the following information:

                    2. notice of any pre-trial applications (other than those referred to in subsection (1)) that the prosecutor or the defendant, or both, intend to make:
                      1. any admissions that the defendant makes under section 9 of the Evidence Act 2006:
                        1. any indication the defendant wishes to give of—
                          1. any fact (not being a fact to which paragraph (b) refers) that the defendant will, or will not, dispute at the trial; and
                            1. any issue that the defendant will, or will not, dispute at the trial or on which the defendant intends to rely at the trial:
                            2. the number of witnesses proposed to be called, the estimated duration of the trial, and any other information in relation to the management of the trial that is required by rules of court:
                              1. any other information required by rules of court.

                                Notes
                                • Section 56(1)(ca): inserted, on , by section 31 of the Courts Matters Act 2018 (2018 No 50).