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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

397: Proceedings commenced before commencement date

You could also call this:

"Court cases that started before the new law began still follow the old law."

Illustration for Criminal Procedure Act 2011

If you are involved in a court case that started before a new law came into effect, this section applies to you. Your case must continue under the old law, unless sections 399 and 400 say otherwise. You are considered to be already in a court case if someone has laid a complaint about you under the Summary Proceedings Act 1957, or if you have been given a summons to go to court. This also applies if a notice of prosecution has been filed against you, or if an indictment has been filed under the Crimes Act 1961, which you can find on the legislation.govt.nz website.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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396: Savings provision in relation to warrants held under section 28B of District Courts Act 1947, or

"Old warrants are still valid under the new law."

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398: Proceedings commenced after commencement date, or

"Court cases started after a certain date follow new laws"

Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

397Proceedings commenced before commencement date

  1. This section applies to proceedings—

  2. commenced before the commencement date; and
    1. not finally determined (including any rehearing, retrial, or appeal) before the commencement date.

      1. Subject to sections 399 and 400, and to the other provisions of this subpart, the proceeding must continue in accordance with the law as it was before the commencement date.

      2. For the purposes of subsection (1), a proceeding has commenced if—

      3. an information has been laid in accordance with the Summary Proceedings Act 1957 in respect of an offence:
        1. a complaint has been made in accordance with the Summary Proceedings Act 1957:
          1. particulars of a charge have been set out in a charge sheet under section 12(2) of the Summary Proceedings Act 1957:
            1. a person has been served with a summons issued under section 19A of the Summary Proceedings Act 1957 but no information had yet been laid in respect of the offence:
              1. a person has been served with a summons under section 19B of the Summary Proceedings Act 1957 but no information had yet been laid in respect of the offence:
                1. a notice of prosecution has been filed under section 20A(2) of the Summary Proceedings Act 1957 in respect of a minor offence:
                  1. a notice of hearing has been filed under section 21(8) of the Summary Proceedings Act 1957:
                    1. an indictment has been filed under section 345(3) of the Crimes Act 1961 in respect of the offence.