Section 371 — Crimes Act 1961: Motion in arrest of judgment. Sentence

371 Motion in arrest of judgment. Sentence (1) If the jury find the accused guilty, or if the accused pleads guilty, it shall be the duty of the Registrar to ask him whether he has anything to say why sentence should not be passed upon him according to law; but the omission so to ask shall have no effect on the validity of the proceedings. (2) The accused may, at any time before sentence, move in arrest of judgment on the ground that the indictment does not (after any amendment has been made therein that the Court is willing and has power to make) state any crime. (3) The Court may in its discretion either hear and determine the matter during the same sitting, or reserve the matter for the Court of Appeal. (4) If the Court decides in favour of the accused he shall be discharged from that indictment. (5) If no such motion is made, or if the Court decides against the accused on any such motion, the Court may, during the sitting of the Court, sentence the accused or deal with him in any other manner authorised by law. (6) If the accused is not sentenced or dealt with during the sitting, section 65 of the Bail Act 2000 applies. (7) In any such case, any Judge of the Court may, at a subsequent sitting, sentence the accused or deal with the accused in any other manner authorised by law. Compare: 1908 No 32 s 428; 1954 No 50 s 54(2) Subsection (6) was amended, as from 1 December 1991, by section 8 Crimes Amendment Act (No 2) 1991 (1991 No 106) by inserting the words “ Subject to section 318 of this Act, ” . Subsection (6) was substituted, and subsection (7) was inserted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.