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Criminal Procedure Act 2011

Procedure before trial - Determination of level of trial court for category 2 and 3 offences - Determination of level of trial court for protocol offences

66: Establishment of protocol

You could also call this:

"Creating a guide to help decide which court hears certain crimes"

Illustration for Criminal Procedure Act 2011

The Chief High Court Judge and the Chief District Court Judge must create a set of rules called a protocol. This protocol will help decide which court should hear certain types of crimes, using rules from sections 67 and 68. You can think of the protocol like a guide that helps figure out which court is best for each case.

The protocol can include specific crimes or crimes that have certain things in common, like multiple people involved or a lot of harm caused. It can also consider who is prosecuting the crime. The judges can make this protocol more detailed by including these kinds of factors.

The Chief High Court Judge and the Chief District Court Judge can change the protocol as needed, and they must make the protocol and any changes to it publicly available in the Gazette.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360128.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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67: District Court Judge may recommend level of trial court for protocol offence, or

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Part 3Procedure before trial
Determination of level of trial court for category 2 and 3 offences: Determination of level of trial court for protocol offences

66Establishment of protocol

  1. The Chief High Court Judge and the Chief District Court Judge must establish a protocol that identifies those category 2 and 3 offences in relation to which the level of trial court must be determined in accordance with sections 67 and 68.

  2. Without limiting subsection (1), the protocol may identify—

  3. specific offences:
    1. offences where certain circumstances are present (for example, offending that involves more than 1 defendant, or that results in a particular level of harm, or in relation to which the prosecution is brought by a particular prosecuting agency).

      1. The Chief High Court Judge and the Chief District Court Judge may revise the protocol from time to time.

      2. The Chief High Court Judge and the Chief District Court Judge must publish in the Gazette the protocol and the revisions of the protocol.