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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial or rehearing

178: Procedure if retrial or rehearing ordered

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If a retrial or rehearing is ordered, the conviction or sentence no longer applies. You can have the retrial or rehearing straight away or at a later date.

When you have a retrial, the decisions made before the first trial still apply if they are still relevant. The court has the same powers as it did in the first trial and must follow the same procedure.

The retrial or rehearing does not have to be in front of the same judge as the first trial. If the defendant does not show up to the retrial or rehearing, the court can decide to bring back the original conviction, sentence, or order without rehearing the case.

You can find more information about this by looking at the Criminal Procedure Act 2011 and similar laws, such as s 75(2), (3), (5), (6) from 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865763.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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177: Court may order retrial or rehearing as to sentence in certain cases, or

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

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179: Dealing with defendant pending retrial or rehearing, or

"What happens to you while you wait for a new trial or hearing"

Part 5General provisions
Conduct of proceeding: Retrial or rehearing

178Procedure if retrial or rehearing ordered

  1. If a retrial or rehearing is ordered,—

  2. the conviction or, as the case may be, the sentence or order only, immediately ceases to have effect; and
    1. the retrial or rehearing may be proceeded with immediately or at a later date.

      1. At the retrial,—

      2. all pre-trial decisions and determinations made in the proceeding apply to the extent that they are still applicable; and
        1. the court has the same powers and must apply the procedure in this subpart as if the retrial were the first trial.

          1. The retrial or rehearing need not take place before the judicial officer who presided at the first trial or hearing.

          2. If the defendant does not appear at the retrial or rehearing, the court may, without rehearing the matter, direct that the original conviction, sentence, or order be restored.

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