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- How charges are laid
Overview
This page explains how charges are laid by police.
How police decide whether to lay charges
If you report a crime and police investigate, they will decide whether there is enough evidence to charge a person.
Not every investigation results in someone being charged. If no charges are laid, it does not mean you were not believed.
Police will consider your views and whether there’s enough evidence to prove the case in court before deciding to lay charges.
Police will consider the safety of those involved and take action if they are concerned. They will explain their decisions and talk them through with you where possible.
After police make an arrest
After police make an arrest, they might:
- summon the defendant to appear at court at a later date for less serious offences
- arrest the defendant and release them on bail to appear at court later
- keep the defendant in custody and bring them to court on the next available court date (usually within 24 hours)
- issue a Pre-Charge Warning for some lower-level offences. This is a formal warning given after an arrest that does not result in prosecution.
If the police can’t find the offender or there’s not enough evidence to go to court, they will contact you and let you know why.
Types of offences
In New Zealand there are four different categories of offences. The officer in charge of your case, or the prosecutor will explain what offence the defendant has been charged with.
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Category 1 offence
Category 1 offences are minor offences such as shoplifting, that are punishable by a fine. They are heard by a judge alone in the District Court.
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Category 2 offence
Category 2 offences such as common assault have a maximum punishment of up to two years in prison or a community-based sentence. These offences are usually heard by a judge alone in the District Court.
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Category 3 offence
Category 3 is for more serious offences like aggravated assault, kidnapping, or threatening to kill. They are punishable by imprisonment for two years or more. These can be heard by a judge alone or, if the defendant chooses, by a judge and jury. They usually take place in the District Court and sometimes in the High Court.
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Category 4 offence
Category 4 is for the most serious offences, like murder or manslaughter. These are punishable by life imprisonment or imprisonment for two years or more and are heard by a judge and jury in the High Court.
If no charges are laid
Not all police investigations lead to a person being charged with an offence, but this doesn’t mean you were not believed.
It could mean the police didn’t have enough evidence to lay charges or they couldn’t find an offender for the crime.
Police will explain the outcome and, where possible, the reasons for the decision.