Being Charged with an Offence

There are four ways you may be charged with a criminal offence and become a part of the criminal justice system:

• A District Court Judge or Justice of the Peace (JP) may issue a summons for you to appear in Court,

• The Police may arrest you under a warrant issued by a District Court Judge or JP,

• The Police may arrest you without a warrant if they have reasonable cause to believe that you have committed, are committing or are attempting to commit a crime,

• You may be detained under the drink/drive provisions of the Land Transport Act

A summons will be issued for minor offences after the Police, government body or local authority have decided to prosecute by way of summons. The summons will be sent through the post or served on you personally.

It is extremely important that you appear in Court on the day stated if you have received a summons. If you do not attend, a warrant for your arrest may be issued.

Another common way a person comes in contact with the criminal justice system is when an individual makes a complaint which is investigated by the Police. You may be questioned first in relation to an alleged offence or, if the Police have reasonable cause to believe you committed the offence, you will be arrested immediately. 

After you have been arrested, you’ll be questioned by the Police at the police station. If you are simply asked to attend the Police Station to answer questions, you are under no obligation to do so. You may leave at any time up until you are arrested.

You have the following rights:

• The right to be advised of the reason you are being detained / arrested

• The right to speak to a lawyer - Any person who has been arrested or detained has the right to consult a lawyer without delay and to be informed of that right. If you do not have your own lawyer, the Police have a list of lawyers available for you to phone. This service (the Police Detention Legal Assistance Scheme) is free and paid for by the Legal Services Agency.

• The right to remain silent - You must be advised by the Police of your right to remain silent. You are obliged to give your name, address, occupation and date and place of birth. If there is a vehicle involved, you must give the name and details of its owner, hirer or driver and if you are the owner/hirer, you must give the names and details of any passengers. You do not have to say anything else and anything else you say to the Police may be recorded and used in evidence against you.

If you are arrested, you must give your fingerprints and allow your photograph to be taken. If you have not been arrested, you do not have to allow either of these things.
Depending on the outcome of the questioning, the Police will decide if they are going to release you or charge you with an offence. If they decide to charge you, they must then decide whether or not to grant you Police bail.

The Police have very broad powers of search and arrest and are therefore governed by quite strict rules as to their conduct while performing their duties. If you are unhappy with the way you are treated then you can make a complaint to the Police Complaints Authority.

More information:

“You and the Police” pamphlet available from the NZ Law Society