Prosecution Procedure - Summary

Question 1

What are the only Drug offences automatically prosecuted by the Crown following a plea?

Answer 1

• S6(1)(b) or (2A) production or manufacturing OR conspiracy to produce or manufacture, methamphetamine
• S10 Aiding Offences against corresponding law of another country
• 12C Commission of offences outside NZ

Question 2

When can you charging documents be filed for Offences under Section 6,9,10 of the MODA 1975? What about other offences against the Act?

Answer 2

Anytime but other offences 4 years since time of offence.

Question 3

Analysts Certificates are only admissible if?

Answer 3

• Give Defendant of your intentions AT LEAST 7 DAYS before the hearing
• The Defendant does not request AT LEAST 3 DAYS before the hearing that the Analyst is required
• Court does not REQUEST the oral evidence from the Analyst.

Question 4

As the O/C - what must notify the prosecution about potential property?

Answer 4

Inform them that the property is an instrument of crime that they can file a “Prosecutors Note” with the Court for forefeiture.

Ex) House used to manufacture meth, OR a motor vehicle used to deliver drugs.