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- What to expect
Overview
District Court criminal cases can involve more than one court date, hearing, and decision. You may be asked to give evidence or provide a victim impact statement. Some criminal cases can be long and difficult. There can also be delays that are hard to understand.
The court process
A criminal case may include:
- the first appearance of the defendant
- bail decisions
- hearings about what needs to happen next
- a guilty or not guilty plea
- a judge-alone trial or jury trial
- sentencing, if the defendant pleads guilty or is found guilty.
Not every case goes through every step. Some cases finish earlier if charges are dismissed or withdrawn, or if the defendant pleads guilty.
Find out more about criminal proceedings on the District Court website(external link)
Going to court
If you receive a summons to attend court to give evidence, you have to attend. Apart from this, you may decide to come to court to watch some or all of the defendant’s court appearances.
Some court dates are about decisions or steps needed to move the case forward. This can still matter to you, even if you do not need to be there.
If you choose not to attend a specific court date, your Court Victim Advisor or the police officer in charge of your case, can update you about what happened.
Other dates may involve you directly if you are giving evidence or providing a victim impact statement.
If you need to attend court, your Court Victim Advisor or the police officer in charge of your case can help you understand:
- what the court date is for
- whether the defendant is expected to be there
- whether you need to give evidence
- what time you need to be there
- where to go when you arrive
- who you may meet at court
- whether a support person can come with you
- what may happen before and after the hearing.
You can also let your Court Victim Advisor or the police officer in charge of your case know if you are worried about being in the same place as the defendant or their supporters. They can help explain your options.
Arriving at the Court
It's best to get to court about 30 minutes before the case starts. You'll go through court security which has electronic screening (just like at airports). Everyone going into the court must do this.
You can ask reception to call the Court Victim Advisor. They'll come to collect you and take you to a private area where you won’t come face to face with the defendant.
If you are giving evidence the prosecutor will usually try to meet with you if you're the victim of a sexual offence, are a child victim or the whānau member of a victim who has died. The prosecutor will explain the court process and let you know when upsetting or graphic evidence is going to be presented. They’ll talk to you about how you're going to give evidence (if you've been called as a witness).
Your friends or whānau can come with you to court to support you, but you can't talk about the case with them if you are giving evidence in a trial.
Find out more about what to expect at court on the Ministry of Justice website(external link)
Giving evidence
If you are a witness to the offence or crime the defendant is charged with, you may be asked to give evidence in court.
Giving evidence usually means answering questions about what happened. The prosecutor may ask you questions. The defendant’s lawyer may also ask you questions.
If you are giving evidence a Court Victim Advisor can meet with you before the day of the trial to help prepare you for what will happen when you come to court.
You can also contact your Court Victim Advisor to arrange a time to come to court before the day of the trial so they can help prepare you for giving evidence. They will explain what will happen and show you where you will be when you come to court.
Find out more about presenting evidence on the Ministry of Justice website(external link)
Watching a trial or sentencing remotely
Victims and support people may be able to watch a criminal trial or sentencing remotely.
This can only happen if:
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the technology is available
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the judge considers it is appropriate.
If you would like to ask to attend a trial or sentencing remotely you can contact a Court Victim Advisor or the police officer in charge of the case two or three weeks before the court date. You need to allow time for the request to be processed before the court date.
You’ll be told by the court if you can attend remotely. This will be confirmed in writing by email and will include the date and time of the hearing.
Accessing court documents
You can apply to look at or get copies of court documents (such as sentencing notes).
Before you apply, you need to know which court holds the document. You can use the court finder to find the court and its contact details.
Find the court and its contact details on the Ministry of Justice website(external link)
There are two ways to apply
You can contact the court registrar or complete an application form, depending on which option suits you.
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Contact the registrar of the court
You can write a letter or email to the registrar of the court the case was heard in. You will need to include:
- your name and contact details
- the relevant case and enough information about the document to identify it (such as a case number and/or the names of the people involved in the case)
- why you want to access the document
- any potential access conditions you are prepared to meet, such as ‘view, but not copy’.
You can use the court finder below to find the court and its contact details.
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Complete an application form
You can complete an application form for accessing court documents and file it with the relevant court. You can find the form by visiting the link below.
Application for access to court documents | District Courts of NZ(external link)
What happens next
A court registrar or judge will look at your application and decide if you can access the court documents you requested. The registry will let you know the decision and any conditions you need to meet.
The Verdict and sentencing
Once all the evidence and facts of the case have been presented in court, the judge or jury decides whether the defendant is guilty or not guilty. The judge then decides what sentence the offender will get for committing the crime.
Different types of sentences
You can find out more about the different types of sentences by watching this video about the sentencing process.
Victim impact statements
A victim impact statement lets the court know how the offending has affected you physically, financially and emotionally.
You may be able to provide a victim impact statement if the defendant is found guilty or pleads guilty. If you chose to provide a victim impact statement, the court will consider it before sentencing.
Find out more about Victim Impact Statements
Restorative Justice
You may be asked to take part in a restorative justice conference. Restorative justice is a way to give victims of crime a chance to talk about the harm caused and say what might help put things right in a safe and supported process. You can choose whether or not to take part.
A restorative justice conference happens before the offender is sentenced. A report on the conference is given to the judge.
At a restorative justice conference, you'll have the chance to:
- tell the offender how you've been affected by the crime
- say how the harm can be put right
- find closure and gain a greater understanding of what happened
- help stop others from becoming victims of crime.
A trained facilitator will make sure you're kept safe and supported at the conference and that the talking stays on track. You'll be encouraged to bring support people with you. The victim or offender can cancel the process at any time.
For more information about restorative justice visit or call: