Prosecution Procedure

Question 1

Offences prosecuted by crown

Answer 1

• produce/manufacture or conspiracy to produce or manufacture meth
• s10 aiding offences against corresponding law of another country
• s12C commission of offences outside NZ
• class a dealing if quantity more than 5 times presumptive amount, evidence of large scale dealing, lots of evidence from interception devices
• class b and c dealing if amount is more than 10 times substantive amount + same as above

Question 2

Section 28 MODA- Time limits for filing charges

Answer 2

28(a) Can file at any time for:
- s6 dealing
- s9 cultivating
- s10 aiding offences against corresponding law in another country

Four years after date of offence for any other offence again MODA

Question 3

S16 Bail Act 2000

Answer 3

A defendant charged with or convicted of a drug dealing. Offence may only be granted bail by order of a high court judge or district court judge.

Question 4

Section 17A Bail Act 2000

Answer 4

Applies to defendant charged with serious class A drug offence
May not be granted bail unless they satisfy the judge that it should be granted
In particular, that they will not commit any drug dealing offence while on bail

Question 5

Bail application process

Answer 5

1) must be made before a HC or DC judge by defendants counsel
2) OC should have forwarded instructions re bail to prosecutions e.g conditions if bail granted
3) if bail opposed, full and detailed reasons and affidavits to be provided where appropriate
4) Judge will demand the defendant to next hearing