The criminal courts
The lead up to the trial: Pre-trial processes
Case reviews
Case reviews can be dealt with by a by a judge, who may direct a case review hearing or adjourn the matter without a hearing (dealing with it “on the papers”) until a trial date.
For all charges where you could be sent to prison for the offence (Category 2 and above), the court will carry out a “case review” of the charge before the case goes to a trial, to look at whether the charge can be resolved without the need for a trial. Category 1 cases don’t need to have a case review, unless a judge orders one (either for a specific case or specific types of cases). This process is called “case monitoring” if there’s a guilty plea.
For explanations of each category, see: “Four offence categories”.
Note: Category 1 cases can also be dealt with without the defendant being present. So it’s important that you go to court if you want to be heard in response to the charge.
Date for the case review
Criminal Procedure Rules 2012, rule 4.2
For charges that are to be heard by a judge alone, without a jury, the case review will take place within 30 working days (6 weeks) after you plead not guilty.
For Category 3 offences (offences carrying a prison term of two years or more), you have the right to choose a jury trial. If you do so, the case review takes place within 45 working days (9 weeks) after the not guilty plea.
The Case Management Memorandum
Criminal Procedure Act 2011, s 55 Criminal Procedure Rules 2012, rule 4.6
Before the case review, if a defendant has a lawyer, their lawyer and the prosecutor must jointly file a Case Management Memorandum (sometimes called a “CMM”) with the court. This document tells the courts all the details that relate to the case and what the issues will be at the trial.
If you don’t have a lawyer and are representing yourself, you are not expected to file a Case Management Memorandum.
A Case Management Memorandum must be filed at least five working days (1 week) before the case review date.
There are certain issues that the defence and prosecution should discuss before filing the memorandum, so that these can be covered in the memorandum if necessary.
Criminal Procedure Act 2011, ss 55(1), 56
Some of the matters to be considered include:
- whether you would like the judge to tell you what sentence you would receive if you pleaded guilty (a sentence indication)
- whether you would consider pleading guilty to a less serious or different charge
- whether the parties agree on any of the evidence that will be given in court, which might mean that a witness does not have to come to court or that the trial will be shorter
- whether you object to any of the evidence the prosecutor wants to present at the trial
- whether the parties agree on how long the trial will take, and on a date for the trial
- whether there are any factual matters that are agreed on between you and the police (“matters not in dispute”) that may help the court by shortening the trial.
You are generally not required to indicate the basis on which you wish to defend the charge in the Case Management Memorandum. in most cases, you are entitled to keep this private from the police and the court until the day of your trial.
Note: The issues to be discussed and dealt with in a Case Management Memorandum are set out on the form for the Memorandum, which can be downloaded from the Ministry of Justice website.
The prosecutor’s Memorandum of Proof
Case Review Hearings: Best Practice Guidelines (April 2025)
Whether or not you have a lawyer representing you, the prosecutor generally must file a Memorandum of Proof (“MoP”) ahead of a case review. This is in addition to any requirement for a Case Management Memorandum, although the Memorandum of Proof may be included in the Case Management Memorandum.
This Memorandum of Proof must set out, in bullet point form, the evidence that the prosecutor will use to prove the charge(s) against you. This allows the judge and you (and your lawyer, if you have one) to understand the prosecution’s case and identify any evidence that may not be admissible at trial (that is, any evidence that the prosecution are not allowed to present at the trial).
A Memorandum of Proof is not required when:
- it is known that there will be a guilty plea or that the case will be withdrawn or dismissed, or
- when the case involves a Crown prosecution and will be tried by jury.
What happens at a case review?
A case review may or may not involve a hearing before a judge. The court registrar decides based on what’s laid out in the Case Management Memorandum whether a hearing before a judge is necessary. Often it won’t be necessary.
Case review “on the papers”
The registrar can deal with the case review without a hearing, if the judge has read the paperwork and directs them to do so (called making a decision “on the papers”). However, if there is something in the Case Management Memorandum that requires attention (for example, if your lawyer thinks the police have evidence against you that they have not provided to you), there will be a hearing. If you don’t have a lawyer and are representing yourself, there will almost always need to be a case review hearing.
If the judge decides a case review hearing isn’t necessary, the registrar will inform you that this is the case (usually by letter or through your lawyer, if you have one) and will tell you the next date you need to appear in court. If you are not sure, it is always better to go to court on the date of your case review hearing just to be safe.
Usually, the registrar will put off (“adjourn”) the case until the trial date (if it’s a judge-alone trial) or until the jury trial “callover” (if it’s a jury trial). A “callover” is a pre-trial appearance before a judge to deal with any issues and make sure the case is ready to go to trial. Sometimes, judge-alone trial matters also go to a pre-trial “callover”.
Case review before a judge
If there is a case review hearing before a judge, the judge will have read any Case Management Memorandum and Memorandum of Proof, and and may assess the strengths and weaknesses of the case and whether there is room for negotiation between you and the prosecutor. For example:
- the prosecutor may agree that the charges are too serious for what you actually did
- you may agree that you have no defence (“no answer”) to the prosecutor’s evidence and plead guilty
- taking into account what you have said, the prosecutor may decide the summary of facts should be changed to more accurately reflect what happened
- the judge may give an indication of what sentence would be imposed if you were to change your plea to guilty.
What happens if I decide to plead guilty?
If you plead guilty at an early stage, the judge is required to give you a reduction in sentence. Typically the closer in time you get to trial, the smaller that reduction will be.
If, based on the case review, you decide to change your plea to guilty, the judge may either sentence you at the case review or set a future date for sentencing (see “Sentencing”).
Can a complainant attend a case review hearing?
Yes. The person who made the complaint against you (“the complainant”) can attend the case review hearing, if one is held, and will be invited to speak to the court if they wish. More commonly, where appropriate, a victim impact statement will be prepared for the court and the judge will be given this in advance of the hearing (see: “Victim Impact Statements”).
