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Communtity Law Manual | Criminal Courts | The lead-up to the trial: Pre-trial processes

The lead-up to the trial: Pre-trial processes

Overview

When you plead not guilty, the case will usually go to a trial without any other pre-hearing before a judge.

Under the Case Review procedure the defence and the prosecution together prepare a document called a “Case Management Memorandum” with the court. The registrar decides whether this document raises issues that need to be decided by a judge before the trial. If not the registrar simply puts the case off to the trial date or if its going to be a jusry trial, it will be put off until a “jury trial callover” (see “Jury trial callovers” in this chapter). Otherwise there is a case review hearing before a judge.

New Zealand Bill of Rights Act 1990, s 24(d)

Note: If you’ve been charged with a crime and have pleaded not guilty, you have the right under New Zealand’s Bill of Rights to have adequate time and facilities to prepare your defence. The Criminal Procedure Act contains specific rules about how much time there will be between the different steps in the criminal court process (see below).

Next Section | Case reviews
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