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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

16A: Specifying that offence charged is, or that conviction entered is for, family violence offence

You could also call this:

"Telling the court if a crime is a family violence offence"

Illustration for Criminal Procedure Act 2011

When you are charged with a crime, the document that says what you did wrong can say if it is a family violence offence. The court can change this document at any time before the trial is finished to add, confirm, or remove that it is a family violence offence. You, the prosecutor, or the court can ask for this change.

If you are found guilty, the court can write in your court record that your crime is a family violence offence, even if the original document did not say that. A family violence offence is a crime against a law, including the Family Violence Act 2018, and it involves family violence, which is defined in section 9 of that Act. The court has the power to make these changes on its own or because you or the prosecutor asked for it.

The court's power to make these changes does not limit its other powers, such as those in section 133. The Registrar can also make these changes if you and the prosecutor agree. This means the court can still do other things it is allowed to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS219194.

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16: Charging documents, or

"A charging document is a paper that tells you what crime you are accused of and why."

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17: Content of charge, or

"What you're accused of: the charge must be clear and tell you what law you broke"

Part 2Commencement of proceedings and preliminary steps
Filing a charging document

16ASpecifying that offence charged is, or that conviction entered is for, family violence offence

  1. The charging document may specify that the offence charged is a family violence offence.

  2. The court may, at any time after a charging document is filed and before the delivery of the verdict or decision of the court, amend the document to add, confirm, or remove a specification that the offence charged is a family violence offence.

  3. The power in subsection (2)—

  4. is exercisable on the court’s own motion or on the application of the defendant or the prosecutor:
    1. is exercisable by the Registrar, if both the defendant and the prosecutor agree:
      1. does not limit the powers in section 133.

        1. If the defendant is convicted (even if the charging document does not specify that the offence charged is a family violence offence), the court may enter in the permanent court record of the proceeding a specification that the conviction is for a family violence offence.

        2. In this section, family violence offence means an offence—

        3. against any enactment (including the Family Violence Act 2018); and
          1. involving family violence (as defined in section 9 of that Act).

            Notes
            • Section 16A: inserted, on , by section 43 of the Family Violence (Amendments) Act 2018 (2018 No 47).