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Criminal Procedure Act 2011

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

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are on trial for a category 2, 3, or 4 offence and you do not attend the trial, the court will look at why you are not there. You are required to be at the trial under section 118, and the prosecutor is attending. If the court thinks you have a good reason for not being there, it will not go ahead with the trial unless it is sure your absence will not hurt your defence. The court will decide what to do next.

If the court does not think you have a good reason for not being there, it can either go ahead with the trial without you or issue a warrant for your arrest. The court will bring you before it if it issues a warrant. However, the court will not go ahead with the trial without you if it thinks this would be unfair.

When making its decision, the court must think about the things listed in section 121(4). This helps the court decide what is fair. You can be brought to court if the court issues a warrant for your arrest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4059605.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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121: Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing, or

"What happens if you don't go to court when you're supposed to, after you've pleaded not guilty to a crime?"

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

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

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

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

  1. This section applies to any trial if—

  2. the offence charged is a category 2, 3, or 4 offence; and
    1. the defendant is required, under section 118, to be present at the trial; and
      1. the prosecutor attends the trial, but the defendant does not.

        1. If the court is satisfied that the defendant has a reasonable excuse for his or her non-attendance, the court must not proceed with the trial unless it is satisfied that the defendant's absence will not prejudice his or her defence.

        2. If the court is not satisfied that the defendant has a reasonable excuse for his or her non-attendance, the court may do either or both of the following:

        3. proceed with the trial in the absence of the defendant:
          1. issue a warrant to arrest the defendant and bring him or her before the court.

            1. Despite subsection (3), the court must not proceed with the trial in the absence of the defendant if the court is satisfied that it would be contrary to the interests of justice to do so.

            2. Without limiting the matters the court may consider in making its decision under subsection (4), the court must consider the matters set out in section 121(4).