What is the constitution?
What is the meaning of some of the words and terms that lawyers and judges use in court?
What happens when I first get into court?
What type of plea can I make?
What is a duty lawyer?
I’ve been called to court to act as a witness. What do I have to do in court?
What is name suppression?
My father can’t speak English but has to go to court – what can he do?
Can I speak Maori in Court?
I have been asked to be character witness in the sentencing of someone I know. What does this mean?
What is a statutory declaration?
What is the constitution?
The constitution is a set of principles that our law system is based upon. It sets out the powers of government institutions (such as courts) and sets the guidelines for how their powers can be used. The constitution isn’t one written document – it is made up of a range of key documents, court decisions and customary rules known as constitutional conventions. More information is on the Cabinet Office website.
What is the meaning of some of the words and terms that lawyers and judges use in court?
There are a number of specific phrases or terms lawyers and judges use in court
- Adjourn: to postpone a court sitting, or any meeting, to another date and/or location
- Affidavit: a written statement that is signed and is either sworn on oath or affirmed, and used as evidence in court
- Complainant: someone who tells the police that a person has committed a crime
- Court order: a document prepared and signed by a court, which puts the judge’s decision into action
- Defendant: a person charged with committing a criminal offence
- Duty solicitor: a solicitor whose services are available free of charge to a person either suspected of, or charged with, a criminal offence
- Indictable offence (pronounced in-DIE-table): a serious offence heard by a judge and a jury in either the District Court or the High Court
- Prosecution: the party taking the case against the defendant, usually the police
summary offence: an offence heard by a judge (but no jury) in the District Court, usually for more minor offences with less serious penalties
- Witness: a person who gives evidence in a court case. A crime has happened to them or they saw it happen to someone else, or they have information about a crime though they didn’t actually see it happen
What happens when I first get into court?
If you’ve been charged with an offence, you need to wait for your name to be called before you enter the court. You normally have to stand in the dock if you’re facing a serious charge that could result in imprisonment. The charge against you will be read out. Your lawyer will tell you whether you will say your plea, or if they have to say it for you.
If you’re there to support someone being charged with an offence, there is usually seating at the back of the courtroom.
What type of plea can I make?
You can plead guilty or not guilty. If you’re not ready to make a plea, you can be ‘remanded without plea’. This means that your appearance in court is rescheduled so that you can get more advice on your situation and what you should do.
- If you plead guilty, this means you are admitting to what you have been charged with. Once you plead guilty, the court will decide on a sentence or punishment
- If you plead not guilty, you’re saying you didn’t commit the offence, and the prosecution has to prove that you did. If you do this, a date will be set and a judge or a judge and jury will hear your case
Making a plea is a very serious matter and you should make sure you have spoken to your lawyer and understand the consequences.
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What is a duty lawyer?
A duty lawyer is a lawyer who is available at court, and is free. If you’re charged with an offence and you don’t have a lawyer to represent you in court, you should make sure you see a duty lawyer. They’re usually at court about an hour before court begins, and can help you with:
- Applying for legal aid
- Deciding whether to plead guilty or not guilty
- Applying for bail
- Asking for the case to be put off (remanded) to allow for more time for legal advice
- Advice on how serious your charge is and what type of penalties you might face
I’ve been called to court to act as a witness. What do I have to do in court?
If you’ve been called in as a witness, this means that you’ve seen a crime happen, had a crime happen to you, or you have information about the crime even though you didn’t see it happen. As a witness, the judge or jury wants to hear what happened, in your own words. The defence lawyer and the prosecution lawyer can question you.
No-one is allowed to tell you what to say in court. You can tell your friends or family that you’re going to court, and you can tell them what you know or saw, but they can’t get you to change what you’re going to say. You may have to wait outside the courtroom until it’s your turn to be questioned – this is so you cannot be influenced by what other witnesses say.
What is name suppression?
In some specific circumstances, people’s lives can suffer unfair long-term harm from court cases, such as in the case of rape victims and other victims of sexual offences. To help protect people, the court can grant name suppression. This stops anybody publishing the person’s name and any personal details that would identify him or her.
My father can’t speak English but has to go to court – what can he do?
The courts can pay for a translator to make sure that your father can still go to Court. The interpreter is chosen by the court, and interpreters of different languages are available. Your father, his lawyer, or you should let the court know so they make the arrangements.
Can I speak Maori in court?
Yes you can, even if you can speak and understand English. You have the right to speak Maori in court, and before tribunals. To be able to do this you have to fill out a Notice of Intention to Speak Maori, which you can get online at the Ministry of Justice website, or from your local community law centre or local court. The form has to be sent to court at least 10 working days before you’re due to appear in court. This lets you speak Maori in court while an interpreter translates what you’re saying and what others are saying to you.
I have been asked to be character witness in the sentencing of someone I know. What does this mean?
When an offender is awaiting sentencing, their lawyer may arrange for one or more character witnesses to provide evidence of the offender's previous good character. The judge takes this into account, along with other factors, when determining the sentence that is to be carried out.
If you have been asked to be a character witness, you should contact the person who asked you (normally the offender's lawyer), and ask the lawyer to explain what is involved.
What is a statutory declaration?
A statutory declaration is a written statement declared as the truth, witnessed and signed by a lawyer, a justice of the peace, or another legally allowed witness. You can use statutory declarations for lots of reasons – to prove your identity, nationality or marital status if you can’t show the proper documentation, or if you want the Court to be aware of something but can’t attend the hearing. To look at the outline of a statutory declaration, go to the Police website, or else you can download one from the Ministry of Justice website.