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Criminal Procedure Act 2011

Procedure before trial - Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

71: Category 1 offences

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are involved in a court case for a category 1 offence, this section applies to you. The trial will be heard by a judge alone, without a jury. The trial will take place in the District Court where your case is being dealt with, as decided according to section 35.

You need to know that the court where your trial takes place can be changed by an order made under section 72 of the District Court Act 2016 or section 157 of this Act. Your trial can also be affected by section 139.

The rules for your trial can be different if the court decides to make an order or if other parts of the law apply, such as section 72 of the District Court Act 2016 or section 157 of this Act, and section 139.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360135.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"A High Court Judge decides which court your trial is in for some crimes."

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72: Category 2 offences, or

"Less serious crimes: trials with a Judge alone"

Part 3Procedure before trial
Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

71Category 1 offences

  1. This section applies to a proceeding for a category 1 offence.

  2. The applicable procedure for trial is the Judge-alone trial procedure.

  3. The trial court is the District Court at the place where the proceeding is being dealt with in accordance with section 35.

  4. This section is subject to—

  5. any order made under section 72 of the District Court Act 2016 or section 157 of this Act; and
    1. section 139.

      Notes
      • Section 71(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 71(4)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).