Plain language law

New Zealand law explained for everyone

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

67: District Court Judge may recommend level of trial court for protocol offence

You could also call this:

"A District Court Judge helps decide which court is best for your trial."

Illustration for Criminal Procedure Act 2011

If you are charged with a protocol offence, a District Court Judge can decide whether the trial should be held in the District Court or the High Court. The Judge can look at the type of offence and how serious it is to make this decision. You or the prosecutor can give the Judge written information to consider, but you do not have the right to speak to the Judge in person. The Judge must think about many things before making a decision, including how serious the offence is, how complex the case will be, and whether the public will be very interested in the case. The Judge also thinks about whether the District Court can handle the case, or if the High Court would be better, and what is best for justice.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360129.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

66: Establishment of protocol, or

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

Next

68: High Court Judge must determine level of trial court for protocol offences, or

"A High Court Judge decides which court your trial will be in if you break certain rules."

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

67District Court Judge may recommend level of trial court for protocol offence

  1. If the prosecutor identifies the offence charged as a protocol offence, under section 56(1)(f) or otherwise, a District Court Judge may—

  2. decline to make a recommendation for the purposes of section 68, if he or she considers that the offence is not a protocol offence; or
    1. if the Judge considers that the offence is a protocol offence,—
      1. consider whether the trial should be held in the District Court or the High Court; and
        1. make a recommendation for the purposes of section 68.

        2. The District Court Judge must make a recommendation under subsection (1)(b) if—

        3. the prosecutor or the defendant seeks to have the trial held in the High Court; or
          1. the Judge considers that not all of the proceedings that are awaiting trial in the District Court at the place at which the trial would be held are able to be heard within a reasonable timeframe.

            1. For the purposes of subsection (1), the prosecutor and the defendant may make written submissions to the Judge, but no party is entitled to be heard.

            2. Before making a recommendation under subsection (1), the Judge must—

            3. consider any submissions from the prosecutor and the defendant, including anything submitted to the court under section 56(1)(f)(i) or otherwise provided to the court under section 57(2)(a); and
              1. consider the following matters:
                1. the nature and seriousness of the offence charged; and
                  1. the complexity of the factual and legal issues likely to arise in the proceeding; and
                    1. the likelihood that the proceeding will be of wide public concern; and
                      1. any need for enhanced security or facilities during the trial that are not readily available in the District Court; and
                        1. the desirability of the prompt disposal of trials and the respective workloads of the High Court and the District Court in the locality of the trial; and
                          1. the likelihood of a sentence beyond the jurisdiction of the District Court; and
                            1. the interests of justice generally.

                            Compare