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 - Order that proceeding for category 2 or 3 offence be tried in High Court

70: High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court

You could also call this:

"A High Court Judge decides which court your trial is in for some crimes."

Illustration for Criminal Procedure Act 2011

If you are charged with a category 2 or 3 offence, a High Court Judge can decide if your trial should be in the High Court or the District Court. You or the prosecutor can ask a High Court Judge to make this decision. The prosecutor and you can give the Judge written information to consider when making this decision. The Judge will think about information from the District Court, what you and the prosecutor say, and other important matters listed in section 67(4)(b) before making a decision. The Judge's decision cannot be challenged by you or the prosecutor, and they will make an order saying which court your trial will be in, based on their decision.

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 It might be out of date or be missing some parts.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=DLM3360133.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

69: Proceedings not invalid, or

"Mistakes in following the rules don't automatically cancel a court case"

Next

71: Category 1 offences, or

"Less serious crimes heard by a judge alone in the District Court"

Part 3Procedure before trial
Determination of level of trial court for category 2 and 3 offences: Order that proceeding for category 2 or 3 offence be tried in High Court

70High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court

  1. This section applies if a defendant is charged with a category 2 or 3 offence, and a High Court Judge has not made an order under section 68 (whether or not the offence is a protocol offence).

  2. The defendant or the prosecutor may apply to a High Court Judge for an order directing that the defendant be tried in the High Court.

  3. The prosecutor and the defendant may make written submissions in relation to an application under subsection (2), but no party is entitled to be heard.

  4. The Judge must determine whether the defendant is to be tried in the District Court or the High Court and make an order accordingly.

  5. Before making an order under subsection (4) the Judge must consider—

  6. any information provided by the District Court about its capacity to hold the trial; and
    1. any submissions from the prosecutor and the defendant; and
      1. the matters listed in section 67(4)(b).

        1. No party may appeal against an order under subsection (4).

        Compare
        • 1947 No 16 s 28J