6 Mar 2023
MCMICHAEL v POLICE [2023] NZHC 401
- Citation
- [2023] NZHC 401
- Court
- High Court
Questions about the length of remand in custody while CP(MIP) Act assessments are prepared are custodial status matters lacking the requisite close connection to the determination of the charge and therefore outside the jurisdiction of s 296; only questions integral to the determination (for example entry of a plea or whether to postpone a fitness determination under s 8) may qualify for s 296 leave, subject to leave criteria and absence of alternative remedies.