Before prison: The criminal court process What this chapter covers Introduction Dealing with the police What to do if you’re treated unfairly Lawyers and legal aid How to get legal advice and what you need to apply for legal aid Going to…
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Before prison: The criminal court process Introduction Why am I in prison? If you’re in prison, this will be because either: you’re there “on remand”, which means a judge has decided you have to stay in prison while you’re waiting for the…
Before prison: The criminal court process Dealing with the police What can I do if the police treated me unfairly? Independent Police Conduct Authority Act 1988, s 14 If the police treated you unfairly (for example by searching your house for no…
Before prison: The criminal court process Lawyers and legal aid How can I get a lawyer? Legal Services Act 2011, ss 6,8 Different prisons have different arrangements for prisoners to get legal advice. Some prisons receive regular visits from volunteer lawyers or…
Before prison: The criminal court process Pleading guilty or not guilty How do I decide whether to plead guilty or not guilty? Criminal Procedure Act 2011, ss 60-65, 116 It’s important to talk with a lawyer before deciding whether to plead guilty…
Before prison: The criminal court process Going to court How do I get to the courts from prison? Usually you’ll be driven to the courts, either in a police vehicle if you’re on remand in prison, or in a prison vehicle if…
Before prison: The criminal court process Te reo Māori and NZ Sign Language in court Can I speak te reo Māori in court? Māori Language Act 2016, s 7 Yes, the Māori Language Act gives you the right to speak te reo…
Before prison: The criminal court process Restorative justice What is restorative justice? Sentencing Act 2002, ss 8-10 If you’re thinking of pleading guilty or have already pleaded guilty, restorative justice meetings are an opportunity for you to meet with your victim, your…
Before prison: The criminal court process Bail: Release into the community during your court case What is bail? Bail Act 2000, s 30; Criminal Procedure Act 2011, s 168 Bail is when you’re facing charges and the courts let you stay in…
Before prison: The criminal court process “Remand in custody”: Being held in prison during your court case What does being “on remand” mean? Corrections regulations 2005, regs 3, 186 “Remand” prisoners are prisoners who haven’t been given bail and are in prison…
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