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- How charges are laid
Overview
If you report a crime and police investigate, they will decide whether there is enough evidence to charge a person. Not every investigation leads to someone being charged. If no charges are laid, it doesn't mean you weren't believed. Support is available whether or not the person was charged.
How police decide whether to lay charges
Police will consider your views when deciding whether to charge the person who harmed you. They will also consider whether there is enough evidence for the case to go to court.
Police will consider your safety and the safety of others. If they have concerns, they may need to take action. Where possible, they will explain what they have decided and talk it through with you.
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.