Criminal Procedure Act 2011

Procedure before trial - Case management

57: Case review

You could also call this:

"Checking how a court case is going and making decisions about what to do next"

Illustration for Criminal Procedure Act 2011

When you are at a case review hearing, the court looks at things that were identified in the case management memorandum, which is mentioned in section 56(1)(a) to (e). If you do not have a lawyer, the people involved in the case must tell the court about certain things, like the matters specified in section 56(1). They must also tell the court about other matters if the case is going to be tried by a Judge alone, which is referred to in section 56(2).

At the case review hearing, the court can decide to delay the case if it is going to be tried by a Judge alone or by a jury. A Registrar can make decisions on behalf of the court if you have a lawyer and a case management memorandum has been filed. The Registrar can do this if certain conditions are met, such as you not intending to change your plea and the prosecutor not seeking to amend or withdraw any charges, as outlined in section 56(1)(e).

The Registrar can also make decisions if the prosecutor does not propose to add any new charges and you do not request a sentence indication. Additionally, the Registrar can act on behalf of the court if no party has given notice of any other pre-trial application and no other matter needs to be dealt with.

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 It might be out of date or be missing some parts.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=DLM3865730.


Previous

56: Information to be provided in case management memorandum, or

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


Next

58: Court may give directions about case management procedure, or

"The court can make a plan to help a case run smoothly and fairly."

Part 3Procedure before trial
Case management

57Case review

  1. At the case review hearing, the court must deal with any matter in section 56(1)(a) to (e) that has been identified in the case management memorandum.

  2. If the defendant is unrepresented, the parties must, as appropriate,—

  3. inform the court of the matters specified in section 56(1); and
    1. if the matter is to proceed to a Judge-alone trial, inform the court of the matters referred to in section 56(2).
      1. At the case review hearing the court may,—

      2. in the case of a proceeding for which there will be a Judge-alone trial, adjourn the proceedings for trial; and
        1. in the case of a proceeding for which there will be a jury trial, adjourn the proceedings for trial callover.
          1. A Registrar must exercise the power of the court under this section if—

          2. the defendant is represented; and
            1. a case management memorandum has been filed; and
              1. according to the case management memorandum,—
                1. the defendant does not intend to change his or her plea; and
                  1. the prosecutor does not intend to seek leave to amend or withdraw any charge; and
                    1. the prosecutor does not propose to add any new charge or charges against the defendant; and
                      1. the defendant does not request a sentence indication; and
                        1. no party has given notice that it intends to make any other pre-trial application; and
                          1. no other matter is identified of a kind described in section 56(1)(e).