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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Court dealing with proceeding before trial or transfer for trial

35: Court dealing with proceeding before trial or transfer for trial: categories 1 to 3

You could also call this:

"What court handles your case before a trial, and where it might be held"

Illustration for Criminal Procedure Act 2011

If you are involved in a court case for a category 1 offence, the case must be heard in the District Court where the charging document was filed. For category 2 or 3 offences, the case is also usually heard in the District Court where the charging document was filed, but there is an exception if section 75 applies. This rule has some exceptions, including any orders made under section 72 of the District Court Act 2016 or section 157 of this Act.

You should note that this rule is also subject to section 114(2) and section 139. The court will decide where your case is heard before the trial. The location is usually the District Court where the charging document was filed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360079.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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36: Court dealing with proceeding before transfer for trial: category 4, or

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Part 2Commencement of proceedings and preliminary steps
Court dealing with proceeding before trial or transfer for trial

35Court dealing with proceeding before trial or transfer for trial: categories 1 to 3

  1. The proceeding for a category 1 offence before the trial must be heard and determined in the District Court at the place where the charging document was filed.

  2. Subject to section 75, the proceeding for a category 2 or 3 offence before the trial must be heard and determined in the District Court at the place where the charging document was filed.

  3. This section is subject to—

  4. section 114(2); and
    1. any order made under section 72 of the District Court Act 2016 or under section 157 of this Act; and
      1. section 139.

        Notes
        • Section 35(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 35(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 35(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).