USEFUL INFORMATION ON CRIMINAL LAW IN NEW ZEALAND

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General Process and Procedure in Criminal Matters

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Every criminal case is different. The unique facts of each incident—and the decisions made by Police—will influence what charges are laid and how your case progresses through the court system. Likewise, your response to those charges can significantly shape the legal process that follows.

At High Street Law, our team has dealt with a wide range of charges and situations—from minor infringements to the most serious allegations. Some matters resolve quickly and simply, while others involve complex negotiations and lengthy proceedings. The time it takes to conclude a case varies accordingly.

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No matter the circumstances, we take a thorough and strategic approach. We will carefully review all prosecution documents, check for completeness, assess the charges against you, and identify any viable defences.

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An Overview of the Criminal Process

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While each case is unique, the general process often follows this path:

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1. Incident occurs

2. Arrest (or voluntary attendance at a Police station)

3. Charges laid

4. Initial Court Appearance

5. ​Negotiations may begin regarding the charges

6. Second Court Appearance

   • A plea of guilty or not guilty is entered.

   • If guilty, the matter proceeds to sentencing.

   • If not guilty, full disclosure is requested and further steps are taken to prepare for trial.

7. Case Management Hearing​

8. Pre-Trial Hearings (if necessary)

9. Callover Hearings (if required)

10. Trial (Judge-alone or Jury) or Sentencing

11. Charges withdrawn or dismissed, or sentence imposed if convicted.

 

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Bail and Bail Conditions

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If you're charged with an offence, and the penalty is more than a fine, bail conditions will usually apply while your case is active. These conditions can be quite restrictive depending on the nature of the charges and your history.

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We are highly experienced in applying for bail, and making strong submissions to ensure any conditions imposed are as minimal as possible. We also assist with appeals of declined bail applications, often succeeding even where the prosecution has opposed bail.

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Defending Charges at Trial

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Court advocacy is at the core of what we do. If, after receiving advice—including a litigation risk assessment—you decide to plead not guilty, the case will progress toward trial.

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After a not guilty plea, the next step is usually a case review hearing, typically around six weeks later. Before that hearing, we will obtain additional disclosure and explore whether the charges can be resolved without a trial (such as through negotiations or a sentencing indication).

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At the case review hearing, you may:

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• Change your plea to guilty (possibly after negotiation or charge reduction),

• Request a sentence indication (where the Judge gives an indication of the sentence if you plead guilty), or

• Confirm that the matter will proceed to trial.

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At trial, the prosecution must prove the charge beyond reasonable doubt. If they cannot, you will be found not guilty. The prosecution will present evidence, including witness testimony. You may also give evidence or call witnesses to support your defence. The Judge or jury will then determine the outcome based on the evidence presented.

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Our role is to guide and support you through this process—building the strongest possible defence and challenging the prosecution’s case at every turn.

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Sentencing

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Not all cases go to trial. After assessing the evidence and receiving instructions, we may advise that pleading guilty (or negotiating a lesser charge) is in your best interests.

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Sentencing takes place after:

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• Submissions from your lawyer,

• Consideration of expert or pre-sentence reports (e.g. from probation),

• Input from any victims, and

• Application of the relevant law, including the Sentencing Act 2002.

 

Our team is skilled in achieving the best possible sentencing outcomes. If you plead guilty at an early stage, you can receive a sentence discount of up to 25%, significantly reducing your penalty. The longer you delay, the smaller the discount—so early legal advice is critical.

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Discharge Without Conviction

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In appropriate cases, we can apply for a discharge without conviction under section 106 of the Sentencing Act 2002.

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To succeed, we must show that the consequences of a conviction would be out of all proportion to the seriousness of the offence. If this threshold is met, the Court may agree not to record a conviction—even where you plead guilty.

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We’ll give you honest advice about the likelihood of success and work closely with you to gather the necessary evidence and explain your circumstances clearly to the Court. Our written and oral advocacy is focused on giving you the best chance of success.

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Appeals

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Mistakes happen. If you believe a conviction or sentence was wrong, you may have grounds to appeal.

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There are three appellate courts in New Zealand:

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• The High Court

• The Court of Appeal

• The Supreme Court

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We represent clients in appeals involving both convictions and sentences, and have a strong track record of success—including having convictions quashed and sentences reduced.

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Whether it’s an appeal of a bail decision or a jury verdict, we can advise you on the merits of an appeal and guide you through the process.