Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Withdrawal and dismissal of charges

146A: Withdrawal of charge due to risk to national security interests

You could also call this:

"A prosecutor can stop a court case if sharing information would put New Zealand's safety at risk."

Illustration for Criminal Procedure Act 2011

If you are a prosecutor in a court case, you can stop a charge from going to trial without asking the court's permission. This can happen if the High Court, or a higher court, orders that some information must be shared with the person accused of a crime, under section 29 or 30 of the Criminal Disclosure Act 2008. You must think that sharing this information would put national security at risk.

If a charge is stopped because of a risk to national security, it does not mean the case is closed forever. You can still take other actions in the same matter.

You can also stop a charge under a different part of the law, section 192, instead of using this rule.

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 It might be out of date or be missing some parts.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=LMS925668.

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

146: Withdrawal of charge generally, or

"The prosecutor can stop a charge before a trial with the court's okay."

Next

147: Dismissal of charge generally, or

"The court can stop a charge against you at any time if they think there's not enough evidence."

Part 5General provisions
Conduct of proceeding: Withdrawal and dismissal of charges

146AWithdrawal of charge due to risk to national security interests

  1. A prosecutor conducting a public prosecution may withdraw a charge before the trial, without the leave of the court, if—

  2. the High Court (or, on appeal, the Court of Appeal or the Supreme Court) makes an order under section 29 or 30 of the Criminal Disclosure Act 2008 requiring disclosure of information to the defendant in the proceedings; and
    1. the prosecutor is satisfied that the disclosure of the information would be likely to prejudice national security interests.

      1. The withdrawal of a charge under this section is not a bar to any other proceeding in the same matter.

      2. Nothing in this section prevents a charge from being withdrawn before the trial under section 192 as an alternative to withdrawal under this section.

      Notes
      • Section 146A: inserted, on , by section 26 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).