Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Solicitor-General's responsibility for oversight and conduct of certain prosecutions

192A: Power of Solicitor-General or Crown prosecutor to join charge or charges

You could also call this:

"The Solicitor-General or Crown prosecutor can combine charges to be heard together in court without asking the court first."

Illustration for Criminal Procedure Act 2011

The Solicitor-General or a Crown prosecutor can join charges without the court's permission. You can think of joining charges like combining cases that will be heard together in court. They can do this when they file a notice under section 189 for a case, or before the trial and within a certain time after filing that notice.

The Solicitor-General or a Crown prosecutor can file a notice to hear two or more charges against one person together, or to hear charges against one person with charges against another person. This rule overrides what is said in section 138(2).

This rule does not stop the Solicitor-General or a Crown prosecutor from asking the court's permission to hear charges together under section 138(2). It also does not stop the court from deciding that some charges should be heard separately, using section 138(4).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS274898.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

192: Power of Solicitor-General or Crown prosecutor to withdraw charge, or

"The Solicitor-General or Crown prosecutor can stop a charge without going to court, but sometimes they need the court's okay."

Next

193: Independence of Solicitor-General and Crown prosecutors, or

"The Solicitor-General and Crown prosecutors must work independently to ensure a fair trial."

Part 5General provisions
Solicitor-General's responsibility for oversight and conduct of certain prosecutions

192APower of Solicitor-General or Crown prosecutor to join charge or charges

  1. Without the leave of the court, the Solicitor-General or a Crown prosecutor may, on filing a notice under section 189 in relation to a proceeding, or before the trial and within any prescribed period after filing that notice, file in the court hearing the proceeding a notice that—

  2. 2 or more charges against 1 defendant are to be heard together:
    1. the charges against 1 defendant are to be heard with charges against 1 or more other defendants.

      1. Subsection (1) overrides section 138(2).

      2. Subsection (1) does not prevent—

      3. the Solicitor-General or a Crown prosecutor seeking the leave of the court under section 138(2) for charges to be heard together; or
        1. the court, on its own motion or on the application of the prosecutor or defendant, ordering under section 138(4) that 1 or more charges against a defendant be heard separately.

          Notes
          • Section 192A: inserted, on , by section 39 of the Courts Matters Act 2018 (2018 No 50).