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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial or rehearing

177: Court may order retrial or rehearing as to sentence in certain cases

You could also call this:

"The court can order a new trial or hearing to decide your sentence in certain situations."

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime, the court can order a retrial or a rehearing about your sentence in certain situations. This can happen if you are guilty of a serious crime, or if the court makes a special order about your sentence under the Sentencing Act 2002, which you can read more about at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136807. The court can also order a retrial or rehearing if you are found guilty of a less serious crime and did not ask for a jury trial.

The court can order a retrial of the whole case, or just a rehearing about your sentence. You must ask the same judge who heard your case first to decide if you can have a retrial or rehearing. If that judge is not available, another judge can make the decision. The court can set conditions for the retrial or rehearing, and it can be about the whole case or just your sentence.

If you are already allowed to apply for a retrial or rehearing under other parts of the law, such as section 125 or section 126, you cannot apply for one under this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865762.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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178: Procedure if retrial or rehearing ordered, or

"What happens if you need a new trial or hearing"

Part 5General provisions
Conduct of proceeding: Retrial or rehearing

177Court may order retrial or rehearing as to sentence in certain cases

  1. This section applies if—

  2. a defendant is convicted of—
    1. a category 1 or 2 offence; or
      1. a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant did not elect a jury trial; or
      2. an order is made under section 106(3) of the Sentencing Act 2002 in relation to a defendant who pleads guilty or is found guilty of—
        1. a category 1 or 2 offence; or
          1. a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant did not elect a jury trial; or
          2. an order is made under section 375(1)(b) in relation to an infringement offence.

            1. A court may order—

            2. a retrial of the charge; or
              1. a rehearing in relation to the sentence or order imposed on the defendant.

                1. An application for a retrial or rehearing must be determined by the judicial officer who presided over the first trial or hearing.

                2. If it is impracticable for the judicial officer who presided over the first trial or hearing to determine the application, any Judge may determine it.

                3. A retrial or rehearing may be ordered under subsection (2), on any terms the court thinks fit, and as to the whole matter, or only as to the sentence or order.

                4. Despite subsection (1), a defendant who is eligible to apply for a retrial under section 125 or a rehearing under section 126 must not apply for a retrial or rehearing under this section.

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