How Long Does a Criminal Case Take in New Zealand?

Stage 1: Arrest and Charging

The criminal process begins when police:

• Arrest you: You must appear in court within 48 hours (excluding weekends and public holidays)
• Issue a summons: You'll receive a court date 2-6 weeks away
• Release on bail: With conditions to appear at a later date

At this stage, you should immediately seek legal advice. A criminal lawyer can attend your first appearance and advise on bail applications.

Stage 2: First Court Appearance

Your first appearance (sometimes called a "call-over") is typically brief:

• Duration: Usually 5-15 minutes
• Purpose: Confirm identity, hear charges, address bail
• Plea: Usually not entered at first appearance
• Next step: Adjournment for disclosure and legal advice

Stage 3: Disclosure and Plea

Timeline: 2-8 weeks after first appearance

During this phase:

• Police must provide all evidence (disclosure)
• Your lawyer reviews the case against you
• Negotiations may occur (charge reduction, diversion)
• You enter your plea: guilty or not guilty

Stage 4: Pre-Trial Process

Timeline: 2-6 months (if pleading not guilty)

For defended hearings, several things happen:

• Case review hearings: Court monitors progress
• Further disclosure: Additional evidence may emerge
• Witness statements: Finalised and served
• Pre-trial applications: Legal arguments about evidence admissibility
• Trial fixture: Court sets a trial date

District Court vs High Court

Court	Cases Heard	Typical Wait
District Court (Judge alone)	Most criminal matters	3-6 months
District Court (Jury)	Serious indictable offences	6-12 months
High Court	Murder, manslaughter, complex fraud	12-24 months

Stage 5: Trial

Trial length depends on complexity:

• Judge-alone trial: Typically 1-3 days
• Simple jury trial: 3-5 days
• Standard jury trial: 1-2 weeks
• Complex trial: 3-8 weeks or longer

What Happens at Trial

1. Jury selection (if applicable): Half to full day
2. Opening statements: Prosecution then defence
3. Prosecution case: Witnesses and evidence
4. Defence case: You may or may not give evidence
5. Closing arguments: Both sides summarise
6. Judge's summing up: Directions to jury
7. Deliberation: Hours to days
8. Verdict: Guilty or not guilty

Stage 6: Sentencing

Timeline: 4-8 weeks after conviction

If found guilty, sentencing usually follows 4-8 weeks later to allow for:

• Pre-sentence report: Probation officer assessment
• Victim impact statements: Prepared and filed
• Character references: Gathered by defence
• Submissions: Both sides prepare

Factors That Extend Timelines

Your Rights Regarding Timing

In NZ, you have the right to:

• Trial without undue delay: Constitution Act 1986
• Bail pending trial: Unless good reason to remand
• Know the case against you: Timely disclosure
• Apply for case dismissal: If delays are unreasonable

Typical Timeline Examples

Example 1: Minor Theft (Guilty Plea)

• Arrest to first appearance: 1 day
• Disclosure and plea: 2 weeks
• Sentencing: Same day
• Total: 2-3 weeks

Example 2: Assault (Defended, Judge Alone)

• Arrest to first appearance: 1 week
• Disclosure and plea: 6 weeks
• Pre-trial process: 3 months
• Trial: 2 days
• Sentencing: 6 weeks
• Total: 5-6 months

Example 3: Serious Fraud (Jury Trial)

• Investigation to charge: 6-12 months
• First appearance to committal: 6 months
• Pre-trial in High Court: 12 months
• Trial: 4-6 weeks
• Sentencing: 8 weeks
• Total: 2-3 years

How a Lawyer Can Help

A criminal lawyer can:

• Expedite disclosure from police
• Negotiate early resolution or diversion
• Apply for priority fixture in urgent cases
• Challenge unreasonable delays
• Prepare efficiently to avoid adjournments
• Advise on bail to avoid remand in custody