Criminal Procedure Amendment Act 2013

1: Title
This Act is the Criminal Procedure Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Criminal Procedure Act 2011 principal Act 2013-07-01 Criminal Procedure Act 2011
4: Section 5 amended (Interpretation)
In section 5 imprisonable offence
a: in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:
b: in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual .
5: Section 16 amended (Charging documents)
Replace section 16(2)(e)
e: except if the prosecution is a private prosecution brought by an individual,—
i: the name of the prosecuting organisation; and
ii: the particulars of an appropriate contact person in relation to the prosecution; and .
6: Section 31 amended (Charging document must be filed promptly)
In section 31(2) and in any event not less than 5 working days before the date on which the defendant is required by the summons to appear
7: Section 82 amended (Requirements for formal statements)
After section 82(4)
5: A formal written statement that satisfies the requirements of section 162 of the Summary Proceedings Act 1957 may be treated as a formal statement that satisfies the requirements of this section.
8: Section 138 replaced (Trial of different charges together)
Replace section 138
138: Trial of different charges together
1: The prosecutor may—
a: notify the court before which a proceeding is being conducted proposing that—
i: 2 or more charges be heard together; or
ii: the charges against 1 defendant be heard with charges against 1 or more other defendants:
b: amend a notification given under paragraph (a)
2: Despite subsection (1)
3: Charges must be heard together in accordance with any notification given under subsection (1)(a) subsection (1)(b)
a: does not grant leave where the prosecutor seeks leave under subsection (2)
b: makes an order under subsection (4)
4: If the court before which the proceeding is being conducted thinks it is in the interests of justice to do so, it may, on its own motion or on the application of a defendant, order that 1 or more charges against the defendant be heard separately.
5: An order under subsection (4)
a: if it is made during the course of a Judge-alone trial, the court must adjourn the trial of the charges in respect of which the trial is not to proceed; and
b: if it is made during the course of a jury trial, the jury must be discharged from giving a verdict on the charges on which the trial is not to proceed.
9: Section 157 amended (Transfer of proceedings to court at different place or different sitting)
1: In section 157(3) the Registrar a District Court presided over by 1 or more Justices or 1 or more Community Magistrates
2: After section 157(3)
3A: A Registrar may exercise the power specified in subsection (3).
10: Section 169 amended (Warrant for detention of defendant in hospital or secure facility)
In the heading to section 169 Warrant Order
11: Section 187 amended (Assumption of responsibility for Crown prosecutions by Solicitor-General)
After section 187(4)
5: No Crown prosecution is invalid only because the Crown—
a: did not assume responsibility for a prosecution in accordance with regulations made under this Act; or
b: assumed responsibility for a prosecution for which it should not have assumed responsibility.
12: Section 191 amended (Power of Solicitor-General or Crown prosecutor to add new charges)
Replace section 191(2)(b)
b: a notice filed under subsection (1)—
i: satisfies the requirements of section 138(1)
ii: section 138(2) .
13: Section 321 amended (Related appeals that are to be heard by Court of Appeal)
Replace section 321(2)
2: Appeals arising from the exercise of a related right of appeal by the convicted person or the prosecutor must be heard and determined by the Court of Appeal.
2A: Subsection (2)
14: Section 357 amended (Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences)
1: In the heading to section 357 1 and
2: Replace section 357(1)
1: This section applies to any category 2 offence (not being a continuing offence) in respect of which—
a: the maximum term of imprisonment that can be imposed does not exceed 3 months:
b: the sentence that can be imposed relates to an offence punishable by a community-based sentence and not punishable by a term of imprisonment.
3: After section 357(2)(m)
ma: make, under section 129A of that Act, a confiscation and destruction order in respect of a motor vehicle:
mb: make, under section 129B of that Act, an order that a written caution be issued and served: .
15: Section 358 amended (Power to impose penalties provided for in Land Transport Act 1998)
1: After section 358(1)(b)
ba: must, if that offence is an offence to which section 33 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 33 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise: .
2: In section 358(1)(d) 56, 56, 57A,
3: In section 358(1)(e) 57 57 or 57AA(3)
4: In section 358(1)(g) Director New Zealand Transport Agency
5: After section 358(1)(g)
ga: may, if that offence is an offence to which section 65A(1) of the Land Transport Act 1998 applies, impose an alcohol interlock licence disqualification:
gb: must, if an alcohol interlock licence disqualification is imposed under section 65A of the Land Transport Act 1998,—
i: make, in addition to any other penalties it may impose, an order under section 65A(2)(a) disqualifying the person from holding any driver licence for a period of 3 months; and
ii: make an order under section 65A(2)(b) of the Land Transport Act 1998:
gc: must, if that offence is an offence to which section 65B(1) of the Land Transport Act 1998 applies, make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the date on which the licence is issued: .
6: After section 358(1)(h)
i: must, if that offence is an offence to which section 79D of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 79D of that Act disqualifying the person from holding or obtaining a transport service licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise.
16: Section 361 replaced (Jurisdiction of Justices and Community Magistrates to take pleas)
Replace section 361
361: Jurisdiction of Justices and Community Magistrates to take pleas
1: A District Court presided over by 1 or more Justices or 1 or more Community Magistrates may—
a: receive a plea under section 37 from a defendant charged with an offence that is not a category 4 offence:
b: require a plea under section 39 from a defendant charged with an offence that is not a category 4 offence.
2: If the defendant indicates to the court exercising the power under subsection (1)
3: Subsection (2)
a: the defendant is entering a plea in respect of any offence to which section 357(1)
b: the court exercising jurisdiction under subsection (1)
4: Nothing in this section applies when a District Court presided over by 1 or more Justices or 1 or more Community Magistrates is exercising jurisdiction in accordance with section 355 or 356.
17: Section 380 replaced (Proceedings not invalid because defendant should have been dealt with in Youth Court)
Replace section 380
380: Proceedings not invalid because defendant should have been dealt with in Youth Court
1: This section applies if—
a: section 177(1) applies; or
b: the defendant—
i: is convicted of a category 3 offence punishable by a term of imprisonment exceeding 3 years; and
ii: did not elect a jury trial.
2: No conviction or order or other process or proceeding is invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in a Youth Court.
3: On the application of either party, a retrial of the charge may be granted under section 177.
4: If, at the time appointed for the retrial, the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the court must remit the proceedings to a Youth Court to be dealt with in that court.
18: Section 382 amended (Payment and recovery of fees)
Repeal section 382(6) and (7)
19: New section 385A inserted (Judge or Registrar may waive certain fees)
After section 385
385A: Judge or Registrar may waive certain fees
A Judge or Registrar may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 387 for accessing documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.
20: New section 404A inserted (Access to court documents)
After section 404
404A: Access to court documents
Part 6 of the Criminal Procedure Rules 2012 applies, with any necessary modifications, to a request for access to court documents relating to a proceeding that was commenced prior to the commencement date as if that proceeding were a proceeding under the Criminal Procedure Act 2011.
21: New section 406A inserted (Savings)
After section 406
406A: Savings
The Witnesses and Interpreters Fees Regulations 1974, insofar as they apply to criminal proceedings, continue in force, and may be amended, as if they had been made under section 387.
22: Section 409 amended (Regulations making consequential amendments)
1: In section 409 before before, on, or after
2: In section 409(e) , or or
3: After section 409(e)
f: the Crimes Act 1961:
g: indictable indictment
h: committal
i: accused
23: Schedule 3 amended
1: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 2(1) Definition of charged charged .
2: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 24F(b)(i) Section 24J(1)(b): omit by way of summons by filing a charging document Section 24K(1)(b): omit by way of summons by filing a charging document
3: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 26A(3)(b) Section 50C(4)(a): omit laid filed Section 50C(4)(b): omit laid filed
4: In Schedule 3 Extradition Act 1999 section 68(3) the court that made the determination the court to which the appeal is being taken
5: In Schedule 3 Fisheries Act 1996 section 237(1) Section 237(1): omit specified in subsection (1) of that section permitted by those rules
6: In Schedule 3 Insurance Law Reform Act 1977 Section 112A(3)(a) and (b) Section 12A(3)(a) and (b)
7: In Schedule 3 Policing Act 2008 section 33(4)(b) Section 34(3)(a): omit Crimes Act 1961, or under the Summary Proceedings Act 1957 Criminal Procedure Act 2011 Section 34(3)(b): omit committal process pre-trial
8: In Schedule 3 Local Government Act 2002 section 239(1) and (2) Section 239A(2) (as inserted by section 6 of the Local Government (Alcohol Reform) Amendment Act 2012): omit the laying of an information under the Summary Proceedings Act 1957, or by the filing of a notice of prosecution under section 20A of that Act filing a charging document under section 14 of the Criminal Procedure Act 2011
9: In Schedule 3 Local Government Act 2002 section 244(a) Section 244(1)(a) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit Summary Proceedings Act 1957 Criminal Procedure Act 2011 Section 244(2)(b) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit Summary Proceedings Act 1957 Criminal Procedure Act 2011
10: In Schedule 3 Misuse of Drugs Act 1975 served section 31(5) Definition of served in accordance with sections 24 to 29 of the Summary Proceedings Act 1957 as if the certificate were a document required to be served in accordance with rules made under the Criminal Procedure Act 2011
11: In Schedule 3 Parole Act 2002 section 107G(7) Section 107G(8): omit form that form for which the content
12: In Schedule 3 International Criminal Court Regulations 2004 regulation 6(2) Regulation 6(2): omit section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications) Regulation 7: revoke.
13: In Schedule 3 International War Crimes Tribunals Regulations 1995 regulation 4(2) Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”. Regulation 4(3): revoke.
14: In Schedule 3 Mutual Assistance in Criminal Matters Regulations 1993 regulation 4(2) Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”. Regulation 4(3): revoke.
24: Further amendments to principal Act
Amend the principal Act as set out in the Schedule