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Criminal Procedure Act 2011

Procedure before trial - Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

77: Notice that defendant to be tried in High Court

You could also call this:

"Notice to appear in the High Court for your trial"

Illustration for Criminal Procedure Act 2011

If you are going to be tried in the High Court, the High Court Registrar will give you a copy of the order saying this. You will also get a notice telling you when and where to go to the High Court for your trial. The Registrar will make sure you know when to report to the High Court. If you are in custody, the Registrar might need to issue a new warrant for your detention.

If you have been released on bail, the conditions of your bail will change to match the new notice. Your sureties will get a copy of the order and the notice telling them when and where to go to the High Court. The terms of their surety bond will also change to match the new notice.

The High Court Registrar will make sure any witnesses know when and where to go to the High Court for your trial. The notice they get will be like a summons to attend the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568005.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Moving a court case to a different court"

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Part 3Procedure before trial
Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

77Notice that defendant to be tried in High Court

  1. Where, pursuant to an order under section 68 or 70, a proceeding is to be tried in the High Court, the High Court Registrar must give, or cause to be given, to the defendant—

  2. a copy of the order; and
    1. a notice informing the defendant of the date and time at which the defendant must report to the High Court in which the defendant will be tried.

      1. If the defendant has been remanded in custody, the High Court Registrar must if necessary, issue a new warrant for the detention of the defendant that accords with the date and time on which, and place to which, the defendant must report.

      2. If the defendant has been released on bail,—

      3. the conditions of the defendant's bail are deemed to be varied in accordance with the notice under subsection (1)(b), and no new notice of bail is required; and
        1. the High Court Registrar must give, or cause to be given, to each surety of the defendant—
          1. a copy of the order; and
            1. a copy of the notice under subsection (1)(b); and
            2. the terms of each surety bond in relation to which paragraph (b) is complied with are deemed to be varied in accordance with the notice.

              1. The High Court Registrar must ensure that any witness summoned to attend the proceeding is given notice of the date and time at which and the place at which the defendant will be tried.

              2. The notice given under subsection (4) has the same effect as if it were a summons to attend the court to which the proceeding is transferred.

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