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Criminal Procedure Act 2011

Procedure before trial - Case management

59: Judge may direct case management procedure for category 1 offence

You could also call this:

"A Judge can help manage your case if you're charged with a serious offence and plead not guilty."

Illustration for Criminal Procedure Act 2011

If you are charged with a category 1 offence and you plead not guilty, a Judge can give directions to help your case move forward. The Judge can decide to apply some or all of the rules in sections 54 to 57 if they think it will help resolve your case or is fair. The Judge can also give other directions to manage your case, and they can do this on their own or because the prosecutor or you asked them to. The Judge can make these decisions at any time, either because they want to or because you or the prosecutor asked them to. You should be aware that the Judge's decision can be made in different ways.

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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=DLM3865732.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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58: Court may give directions about case management procedure, or

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

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60: Meaning of sentence indication, or

"What might happen to you if you plead guilty to a crime: a guide to sentence indication"

Part 3Procedure before trial
Case management

59Judge may direct case management procedure for category 1 offence

  1. If the defendant pleads not guilty to a charge for a category 1 offence, a Judge may, if the Judge considers that it will facilitate resolution of the proceeding or is otherwise in the interests of justice,—

  2. direct that all or any of the requirements of sections 54 to 57 apply:
    1. give any other directions in relation to the management of the case.

      1. A direction under subsection (1) may be given on the Judge's own motion or on the application of the prosecutor or the defendant.

      Notes
      • Section 59(1)(a): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).