Status Hearings

The Status Hearing is an informal discussion between the Judge, the prosecution and the defendant about the case. After considering the case against you, you can decide whether to change your plea or to continue with your not guilty plea.

Before your Status Hearing you need to:

• decide whether you want a lawyer to represent you. If you do want a lawyer, you must arrange this as soon as possible. Your lawyer will handle the steps listed below on your behalf.
• phone the Police Prosecutions Section on phone: ________________

to discuss your case. The Police Prosecutor is a senior officer who has the power to change the charges against you. You should contact the Police Prosecutor as soon as possible.

Discussions with the Police Prosecutor will ensure that you are aware of all the options that are available to you.

How do I get Legal Aid?

If you would like a lawyer to represent you and you can’t afford one, see the Duty Solicitor at the Court who will assist you. If the Duty Solicitor is not available, the Court can provide you with forms so that you can apply for Legal Aid.

If you wish to apply for legal aid, you must do so immediately.

You can also contact your local Citizens Advice Bureau or the Community Law Centre for free legal advice.

At a Status Hearing you:

• have the chance to discuss the charges against you, with the Police Prosecutor and the Judge,including anything you may disagree with.
• learn what the Police say has happened and why they think you are guilty.
• can ask questions about anything you don’t understand.

At the end of the Status Hearing you will be asked whether you still want to plead not guilty. If you still want to plead not guilty the case will be adjourned (given another date) for a defended hearing where a Judge will hear your case and decide whether you are guilty or not guilty.

What can happen at a Status Hearing?

• The charges may be changed or withdrawn.
• You can change your plea.
• You can ask the Judge what the likely sentence would be (e.g. fine, community work, prison). Note: this will be an indication only and is not binding on another Judge at a later time.
• You can decide to continue to plead not guilty. The case will then be adjourned for a defended hearing.
• You do not have to tell anyone about your defence, unless you choose to do so.

Who will be present at the Status Hearing?

• The Judge, the Police, you and your lawyer (if you have one).
• A Community Probation Officer is likely to be present.
• The victim of the crime may also attend, along with a Victims Adviser or a support person

If you don’t understand what is happening at the Status Hearing:

• ask your lawyer

or

• ask Court staff

or

• ask the Judge at the hearing to explain it to you.

What will happen after the Status Hearing?

If you change your plea to guilty:

• You may be sentenced at the Status Hearing or you may have to come back to Court on another day for sentencing, if the Judge needs more information, such as a pre-sentence report.

If you still want to defend your case (plead not guilty):

• The case will be adjourned to a defended hearing, where a Judge will hear your case and decide whether you are guilty or not guilty.

At the defended hearing neither you nor the Police can tell the Judge what was discussed at the Status Hearing.

This means the Police cannot tell the Judge anything you said at the Status Hearing. You have the opportunity to present your evidence (your side of the story) at the defended hearing. At the defended hearing you must bring to Court any witnesses you want to give evidence for you.

This pamphlet is also available in Māori, and on www.justice.govt.nz For more information, contact your local Court.

www.justice.govt.nz

Courts 106
July 2004