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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

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you commit a protocol offence, a High Court Judge decides where your trial will be held. They choose between the District Court and the High Court. The High Court Judge thinks about what the District Court Judge recommends when making this decision. They also consider what the prosecutor and the defendant told the District Court Judge, and the matters listed in section 67(4)(b).

When the High Court Judge makes a decision, you cannot appeal against it. The Judge's decision is final, and your trial will be held in the court they choose. You will then go to the chosen court for your trial.

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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

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

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68A: High Court Judge may reconsider orders made under section 68 in certain circumstances, or

"A High Court Judge can change their mind about which court hears your case if something important changes."

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

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

  1. A High Court Judge must determine whether the trial of a protocol offence is to be held in the District Court or the High Court and make an order accordingly.

  2. Before making an order under subsection (1), the High Court Judge must consider—

  3. any recommendation of the District Court Judge; and
    1. any submissions made by the prosecutor and the defendant to the District Court Judge; and
      1. the matters listed in section 67(4)(b).

        1. No party may appeal against an order under subsection (1).