A Beginners Guide to Court Terms
First call
The first occasion on which the matter is called in court
Informant
The person or entity on whose behalf a complaint or information for an offence is laid under
section 13 of the Summary Proceedings Act. In our prosecutions the Ministry of Social
Development is the informant through the investigator who laid the information on its behalf.
Enlarged
The matter is adjourned to a later date because either the information has not been served or
proof of service is not available
Proof of service
Proof that the defendant had been notified of the court date in the form of either a sworn
statement from the process server (or duly authorised Investigation Officer) who effected the
service or the completion of the reverse side of the court copy of the summons by the officer
of the court, authorised person or constable who effected the service
Warrant to arrest
A warrant authorised and issued by the court to the NZ Police to arrest and bring before the
court a particular individual
Affidavit of non-service
A sworn statement in which the attempts to trace and serve the information on the defendant
is set out with sufficient particularity to persuade the court that the only practical way to
obtain the defendant’s appearance before court is through his or her arrest.
Warrant in lieu
A warrant of arrest issued where no service on the defendant was effected and the court is
persuaded that the only practical way to obtain the defendant’s appearance is through his or
her arrest.
Remanded
The defendant is required to appear at a later date. This can either be in custody, on bail or at
large.
Adjourned
A term used with reference to the case as opposed to the defendant.
Remanded without plea
The remand takes place without the defendant having been required to enter a plea or elect a
jurisdiction
Disclosure
The production at the request of the defence of all documents in the possession of the
prosecution that are not privileged
Status hearing
This is a hearing that follows a plea of not guilty and is the halfway station to a defended
hearing. It is not provided for in any statute, but a frank exchange of views between
prosecution and defence is envisaged so that matters may be resolved without going to a
defended hearing. An indication is required of the number and identities of witnesses on each
side and an estimate of the hearing time needed. In a brochure from the Ministry of Justice
these exchanges are described as privileged, but that remains open to some doubt.
Sentencing Indication
This is an indication from the presiding judge in open court at the request of the defence of
his or her views on a probable sentence based on the summary of facts and such other
information as the defence and prosecution may wish to put before the court at the time of
such request
Briefs of evidence
Statements by the witnesses prepared in a particular form usually after the status hearing
where the date for a defended hearing or depositions has been set
Defended hearing
A hearing at which the evidence for and against the defendant is presented and the court
makes a decision on the guilt or otherwise of the defendant. This is the summary
jurisdiction’s counterpart of trial of an indictable offence.
Pre-sentencing Report
A report prepared by the Community Probation Services at the request of the court to assist
the court in arriving at the proper sentence – it should be noted that the court is not bound by
the recommendations contained in such a report.
Sentencing
The hearing at which the court is addressed by both parties on the appropriate sentence for the
defendant and the decision of the court is announced
Callover
A hearing to determine the date of the Defended Hearing. The Court wants to know if the
matter is still proceeding and if the parties are ready for hearing. Often this occurs when
Court dates are not available at the time a plea is entered or at the Pre-Trial conference.
Pre-trial conference or hearing
A hearing to determine the date of the Defended Hearing. The Court wants to know how long
the hearing will take, the issues that are in dispute and that the parties will be ready for
hearing.
Committal conference or hearing
If a Defendant indicates a not guilty plea then the prosecution is required to file formal
statements (effectively Briefs of Evidence). The Court then determines if there is sufficient
evidence to commit the Defendant to Trial.
Post committal conference
A hearing to determine the date of the Trial. The Court wants to know how long the hearing
will take, the issues that are in dispute and that the parties will be ready for hearing and if any
pre-trial applications are to be made. Crown Solicitors appear on these matters.
Sentencing Options:
Under the Sentencing Act 2002 there is a hierarchy of sentences. They are as follows:
o Discharge or order to come up for sentence
o Fine and reparation
o Community work and supervision
o Intensive supervision and community detention
o Home Detention
o Imprisonment
There are permitted combinations available.
Discharge without conviction – Offender is released without a conviction and therefore
without getting a criminal record. The court can do this when the offence is minor and the
effects of getting a conviction would be out of proportion to the seriousness of the offence
committed. Occasionally court costs or reparation payable to the victim can be ordered.
Conviction and discharge– Offender is convicted which is recorded on the criminal record,
but the court no further penalty is imposed. Court costs or pay reparation may be ordered.
Order to come up for sentence if called upon – Rather than imposing a sentence the court can
order that the offender come back to court if called upon to do so at any time during a set
period (up to one year). The matter returns to court if another offence is committed during
that period. If the matter is recalled a sentence will be imposed for the original offence.
Reparation– An order that money is paid to the victim as compensation for emotional harm or
property damage (physical harm is covered by ACC), or for harm that was an indirect result
of the physical or emotional harm or property damage that the defendant caused. The judge
may ask a Probation Officer to prepare a reparation report, which will inform the judge about
the damage the victim has suffered and how much money the offender.
Fines– Usually there’s a maximum fine set by the Act that creates the offence.
Non-association orders– If the offence is one for which a term of imprisonment is an
available sentence; the court can order the offender not to meet or otherwise have contact with
specified people, for up to one year.
Community work– The sentence of Community Work requires offenders to do unpaid work in
the community for non-profit organisations as a way of making up for their offending.
Between 40 and 400 hours can be imposed.
Supervision– Supervision is a rehabilitative community-based sentence managed by
Probation. Supervision requires offenders to address the causes of their offending. Offenders
can be sentenced to supervision for between six months and one year. A sentence to
supervision allows the offender to stay in the community under the supervision of a Probation
Officer. The sentence can be for between six months and two years. Regular reporting to a
Probation Officer is required and there are restrictions on the ability of the offender to move
location. The Probation Officer can also stop the Offender from undertaking certain jobs or
types of jobs, from living at certain addresses and from having contact with specific people.
The court can also impose conditions about where the offender must live and work. It’s an
offence to breach a condition of supervision.
Intensive Supervision - Intensive supervision is a rehabilitative community-based sentence
managed by Probation. Intensive supervision requires offenders to address the causes of their
offending with intensive oversight from a probation officer. Offenders can be sentenced to
intensive supervision for between six months and two years. Intensive supervision targets
offenders who have been convicted of more serious offences and who have complex and/or
severe rehabilitative needs. They are assessed as medium to high risk of re-offending.
Extended Supervision Order – Extended Supervision Order is aimed at managing long-term
risks posed by child sex offenders in the community. An extended supervision order, imposed
by the Court, allows the Department of Corrections to monitor child sex offenders for up to
ten years following their prison sentence.
Community Detention (CD) is a community-based sentence managed by Probation. CD
requires the offender to comply with an electronically-monitored curfew imposed by the
court. Offenders can be sentenced to CD for up to six months. Curfews can total up to 84
hours per week. The minimum curfew period is two hours.
Home Detention (HD) is a sentence that requires an offender to remain at an approved
residence at all times under electronic monitoring and close supervision by a probation
officer. It can help offenders to maintain family relationships, keep working or actively seek
work, attend training or rehabilitative programmes. Sentences may range in length from 14
days to 12 months.
Imprisonment