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Criminal Procedure Act 2011

Procedure before trial - Decision regarding trial by jury for category 3 offences

53: Withdrawal of election

You could also call this:

"Changing your mind about a jury trial"

Illustration for Criminal Procedure Act 2011

If you are a defendant, you can't usually change your mind about being tried by a jury. You need to ask the court for permission to do this. The court will only let you change your mind in certain situations.

The court might let you change your mind if something important has changed that could affect your decision. The court might also let you change your mind if it won't delay your trial. Another reason the court might let you change your mind is if you were going to be tried with someone else, but now you're not.

The court can't let you change your mind once the jury trial has started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360103.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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52: Judicial officer or Registrar may receive elections, or

"A judge or court worker can accept your decision to have a jury trial."

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54: Adjournment for case review, or

"Stopping a court case to review it again before it continues"

Part 3Procedure before trial
Decision regarding trial by jury for category 3 offences

53Withdrawal of election

  1. A defendant may not withdraw his or her election to be tried by a jury unless the defendant obtains the leave of the court under subsection (2).

  2. A court may grant leave to a defendant to withdraw the defendant's election to be tried by a jury, but only if—

  3. the court is satisfied that there has been a change in circumstances that might reasonably affect the defendant's decision to elect a trial by jury; or
    1. the court is satisfied that the withdrawal of the defendant's election is unlikely to cause a delay in the defendant's trial being concluded; or
      1. in the case of a defendant who is to be tried by a jury under section 139(2)(a), the defendant's co-defendant is, or co-defendants are, no longer to be tried by a jury.

        1. The court must not grant leave under subsection (2) after the jury trial has commenced.