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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23054
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a Canadian Citizen with criminal charges pending in

Customer Question

I have a Canadian Citizen with criminal charges pending in NZ. He has lived here a long time, but has retained his Canadian citizenship. Can he legally leave NZ and deal with the charges in Canada?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If the criminal charges carry a jail sentence, then if he fails to attend court there will be a warrant issued for his arrest. If the police have filed charging documents with the court, and have given him a summons to appear in court, then he would be able to leave the country, unless they are aware that he intends doing so. The border is not automatically alerted unless they have a suspicion that he may leave before dealing with the court cases. If the court case is something where he is unlikely to get a jail sentence, it is possible that he could plead guilty and to be sentenced remotely, as in living in Canada, but he would need specific permission of the court and consent by the police. That would be unlikely. It really depends on the nature of the criminal charges so if you indicate what these are, I could be more definite