Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Powers of court when defendant does not appear

123: Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant

You could also call this:

"You must be in court for the judge to decide your sentence for certain crimes."

Illustration for Criminal Procedure Act 2011

If you are charged with a crime in category 2, 3, or 4, the court cannot sentence you without you being there. You must be present in court for the judge to decide your sentence. If you do not attend your sentencing hearing, the court can issue a warrant to arrest you and bring you to court.

If the court issues a warrant, the police will look for you and bring you to court so the judge can sentence you. You will then be able to tell the court your side of the story before the judge makes a decision. The court wants to make sure you are treated fairly and have a chance to speak before you are sentenced.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865748.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

122: Non-attendance of defendant at trial for offence in category 2, 3, or 4, or

"What happens if you don't show up to court for a less serious crime"

124: Procedure when hearing proceeds in absence of defendant, or

"What happens if you don't show up to court and the hearing goes ahead without you"

Part 5General provisions
Conduct of proceeding: Powers of court when defendant does not appear

123Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant

A court must not sentence a defendant for an offence in category 2, 3, or 4 in the absence of the defendant.
If a defendant does not attend a sentencing hearing for an offence in category 2, 3, or 4, the court may issue a warrant to arrest the defendant and bring him or her before the court.