Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial or rehearing

179: Dealing with defendant pending retrial or rehearing

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If a retrial or rehearing is ordered, the court can take action against you. The court may issue a summons to bring you before the court or issue a warrant to arrest you and bring you before the court. If the retrial or rehearing is happening at a later date, the rules in section 168(1) apply to you, with some changes, as if your case were adjourned.

The court has to follow certain rules when dealing with you while you wait for your retrial or rehearing. You will be treated as if your case were adjourned, which means it is put on hold until a later date. This means the court will apply the rules in section 168(1) to your situation.

You can be brought before the court in two ways: with a summons or with a warrant. A summons is a document that tells you to come to court, while a warrant is an order to arrest you and take you to court. The court decides which one to use in your case.

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


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Part 5General provisions
Conduct of proceeding: Retrial or rehearing

179Dealing with defendant pending retrial or rehearing

  1. If a retrial or rehearing is ordered—

  2. the court may—
    1. issue a summons to bring the defendant before the court; or
      1. issue a warrant to arrest the defendant and bring him or her before the court; and
      2. if the retrial or rehearing is to be proceeded with at a later date, section 168(1) applies with any necessary modifications as if the proceeding were adjourned.
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