Useful information on criminal law in NZ
General processes and procedures
For every incident, the circumstances are unique and will dictate what course of action the police will take. Likewise, your charge(s) and options you take to deal with them vary the court process.
Our team has dealt with a diverse range of facts and charges. The variety of circumstances has involved processes, procedure and negotiations that have been either short, long, simple, complex, extensive, minor and serious. Because of this, the time in which a case is brought to a conclusion also varies.
We will check all of the prosecution/police documents to ensure they are complete, review the charges against you and identify any possible defences.
For every incident, the circumstances are unique and will dictate what course of action the police will take. Likewise, your charge(s) and options you take to deal with them vary the court process.
Our team has dealt with a diverse range of facts and charges. The variety of circumstances has involved processes, procedure and negotiations that have been either short, long, simple, complex, extensive, minor and serious. Because of this, the time in which a case is brought to a conclusion also varies.
We will check all of the prosecution/police documents to ensure they are complete, review the charges against you and identify any possible defences.
The following is a common overview of the processes we regularly deal with:
- Incident occurs
- Arrest
- Charges laid
- Initial court appearance – can be on the same day as arrest (or next day) or a court summons is served/received – these are formal documents requiring you to attend Court. Court dates are usually within a 14-day period - No plea is usually required as this is usually the time for disclosure (potential evidence) to be provided and legal advice to be sought.
- Negotiations can take place in regards to the charge(s)
- Second appearance. Plea of guilty or not guilty is entered:
(i) Guilty plea (sentencing follows) OR
(ii) Not guilty plea – We ensure that you/we receives all formal witness statements and any remaining disclosure; - Case Management hearing; Negotiation of charges – election of trial or withdrawal and/or amendment of charges.
- Pre-trial hearings (if required)
- Callover hearings (if required)
- Trial (judge alone or jury trial) or Sentencing
- Withdrawal/acquittal of charges or sentencing
Bail and bail conditions:
When charged with an offence, unless the maximum penalty is a fine, you will be subject to bail conditions pending the outcome of the prosecution. At times, depending on the alleged crime(s) and your history with the law, the Court can impose very restrictive conditions of bail.
We are experts in not only obtaining bail for our clients, but also ensuring that strong arguments are made on your behalf to have the least restrictive bail conditions possible considering the circumstances.
We have a long track record of successful bail applications (even when opposed by the prosecutor/police), and appealing declined bail applications.
When charged with an offence, unless the maximum penalty is a fine, you will be subject to bail conditions pending the outcome of the prosecution. At times, depending on the alleged crime(s) and your history with the law, the Court can impose very restrictive conditions of bail.
We are experts in not only obtaining bail for our clients, but also ensuring that strong arguments are made on your behalf to have the least restrictive bail conditions possible considering the circumstances.
We have a long track record of successful bail applications (even when opposed by the prosecutor/police), and appealing declined bail applications.
Defending the charges at a trial:
Litigation (Court work) is what we do daily. When a person wishes to defend a charge, after receiving the right advice (including litigation risk assessments by your lawyer), a not guilty plea is entered. Depending on the charge, you can choose to have your trial heard by a Judge (Judge-Alone) or in front of a jury.
When you first plead not guilty, your next court date will be for a case review hearing. This will be about six weeks after your plea. Before the case review hearing, we will get more information from the Police/prosecutor about your case. We can speak to the Police/prosecutor to see whether your charge/s can be sorted out without the need for a trial. At the case review hearing, you can choose to change your plea to guilty (and the Police may agree to take away or reduce some charges), or ask for a sentence indication (where the Judge tells you what sentence you would get if you pleaded guilty), or go to a trial.
At the trial, the prosecutor is required to prove the charge “beyond a reasonable doubt”, if this cannot be reached, you would be not guilty of the that charge. This essentially means that they would have to be sure you are guilty. At the trial, the Police/prosecutor present the evidence collected to the court (usually involving witnesses), and you have the option of telling your side of the story and have evidence given to the court to support your case. The Judge or jury would then decide if the prosecution have proved if you are guilty.
Our job is to assist you through this process and prepare your case to defend the charge; this may involve witnesses who are called in support of your version of the events that led you to being charged and discrediting the prosecution’s allegations.
Litigation (Court work) is what we do daily. When a person wishes to defend a charge, after receiving the right advice (including litigation risk assessments by your lawyer), a not guilty plea is entered. Depending on the charge, you can choose to have your trial heard by a Judge (Judge-Alone) or in front of a jury.
When you first plead not guilty, your next court date will be for a case review hearing. This will be about six weeks after your plea. Before the case review hearing, we will get more information from the Police/prosecutor about your case. We can speak to the Police/prosecutor to see whether your charge/s can be sorted out without the need for a trial. At the case review hearing, you can choose to change your plea to guilty (and the Police may agree to take away or reduce some charges), or ask for a sentence indication (where the Judge tells you what sentence you would get if you pleaded guilty), or go to a trial.
At the trial, the prosecutor is required to prove the charge “beyond a reasonable doubt”, if this cannot be reached, you would be not guilty of the that charge. This essentially means that they would have to be sure you are guilty. At the trial, the Police/prosecutor present the evidence collected to the court (usually involving witnesses), and you have the option of telling your side of the story and have evidence given to the court to support your case. The Judge or jury would then decide if the prosecution have proved if you are guilty.
Our job is to assist you through this process and prepare your case to defend the charge; this may involve witnesses who are called in support of your version of the events that led you to being charged and discrediting the prosecution’s allegations.
Sentencing
Not all prosecutions are successfully defended or even defended at all. It may be that after taking instructions we will advise our clients to plead guilty to the charge (or a lesser negotiated charge). This can sometimes be the way to get the best possible result including the lowest penalty possible.
The ultimate sentence handed down by the Court occurs after hearing submissions from counsel, considering any expert reports (including probation officer's reports), taking into account the views of any specific victims and the applicable law on the charges. The Sentencing Act 2002 prescribes the matters that the Court is to take into account when determining an appropriate sentence. Baden Meyer and his team are experts at getting the best possible sentence imposed having regard to the specific circumstances of your case.
Accordingly, if you are considering pleading guilty to any offence to which you are charged, it may be in your interest to plead guilty to those offences at any early stage. A person who pleads guilty at an early stage will receive a significant credit for that fact when it comes to the sentencing, up to 25% off the otherwise appropriate sentence for the offending. That will result in a significantly lower (or lighter) sentence being imposed following a guilty plea than that which will be imposed if the plea is deferred or if someone is found guilty after a defended hearing or a trial. As a general rule the longer a person delays before pleading guilty, the less credit they get for a guilty plea.
Not all prosecutions are successfully defended or even defended at all. It may be that after taking instructions we will advise our clients to plead guilty to the charge (or a lesser negotiated charge). This can sometimes be the way to get the best possible result including the lowest penalty possible.
The ultimate sentence handed down by the Court occurs after hearing submissions from counsel, considering any expert reports (including probation officer's reports), taking into account the views of any specific victims and the applicable law on the charges. The Sentencing Act 2002 prescribes the matters that the Court is to take into account when determining an appropriate sentence. Baden Meyer and his team are experts at getting the best possible sentence imposed having regard to the specific circumstances of your case.
Accordingly, if you are considering pleading guilty to any offence to which you are charged, it may be in your interest to plead guilty to those offences at any early stage. A person who pleads guilty at an early stage will receive a significant credit for that fact when it comes to the sentencing, up to 25% off the otherwise appropriate sentence for the offending. That will result in a significantly lower (or lighter) sentence being imposed following a guilty plea than that which will be imposed if the plea is deferred or if someone is found guilty after a defended hearing or a trial. As a general rule the longer a person delays before pleading guilty, the less credit they get for a guilty plea.
Discharge without conviction
After reviewing your case and particular circumstances, you may eligible to be granted a discharge without conviction under section 106 of the Sentencing Act 2002.
The grounds of an application to discharge without conviction need to be strong enough to satisfy the Court that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.
We will provide direct and honest advice on the likelihood of success. If a discharge is to be sought, we require you to work with us during the application so that evidence of the consequences noted above are clearly outlined to the Court; it is ultimately the Court’s decision to grant the application based on the information provided. Strong and effective advocacy, both in written and oral submissions, will be made on your behalf.
After reviewing your case and particular circumstances, you may eligible to be granted a discharge without conviction under section 106 of the Sentencing Act 2002.
The grounds of an application to discharge without conviction need to be strong enough to satisfy the Court that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.
We will provide direct and honest advice on the likelihood of success. If a discharge is to be sought, we require you to work with us during the application so that evidence of the consequences noted above are clearly outlined to the Court; it is ultimately the Court’s decision to grant the application based on the information provided. Strong and effective advocacy, both in written and oral submissions, will be made on your behalf.
Appeals:
Criminal appeals can relate to convictions and/or sentences. Sometimes judges and juries do get it wrong and the only possible way to correct any errors is by appeal.
There are “levels” of appellant Courts in New Zealand: The High Court, the Court of Appeal and the Supreme Court.
If you wish to appeal your conviction, sentence or application (such as bail) we can assist you through this process. We have been successful on numerous occasions on either having the decision overturned, reducing the sentence imposed or having the conviction quashed.
Criminal appeals can relate to convictions and/or sentences. Sometimes judges and juries do get it wrong and the only possible way to correct any errors is by appeal.
There are “levels” of appellant Courts in New Zealand: The High Court, the Court of Appeal and the Supreme Court.
If you wish to appeal your conviction, sentence or application (such as bail) we can assist you through this process. We have been successful on numerous occasions on either having the decision overturned, reducing the sentence imposed or having the conviction quashed.
Contact us for the right advice
We are available for urgent and confidential consultation. Book a free consultation with us to clarify your legal situation.