The lead-up to the trial: Pre-trial processes
Overview
Where you have pleaded 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 and file a document called a “Case Management Memorandum” with the court (see: “What is a Case Management Memorandum”). The registrar decides whether this document raises issues that need to be decided by a judge before the trial. If not, then on the case review date the registrar simply puts the case off to the trial date or, if there’s to be jury trial, until a “jury trial callover” (see: “Jury trial callovers”). 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 – these time frames are explained in the next section in more detail.
