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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

73: Category 3 offences

You could also call this:

"Less serious crimes that are tried by a judge, sometimes with a jury, in a District or High Court"

Illustration for Criminal Procedure Act 2011

If you are involved in a category 3 offence case, this section applies to you. The trial procedure will be a Judge-alone trial if you do not choose a jury trial under section 50, or if you withdraw your choice under section 53. The trial procedure will also be a Judge-alone trial if an order is made under section 102 or 103.

Your case will usually be heard in the District Court, unless an order is made under section 68 or 70 to have it heard in the High Court. The place of your trial depends on which court is hearing your case. If the High Court is hearing your case, the trial will be at the High Court nearest to the court that is dealing with your case.

If the District Court is hearing your case, the trial will be at the court that is dealing with your case, or at the nearest District Court that can hear jury trials if you have chosen a jury trial. The term jury trial jurisdiction refers to the District Court's authority to conduct jury trials, as stated in section 354(2) and (3).

This section is subject to any orders made under section 72 of the District Court Act 2016 or section 157 of this Act, as well as section 139 and any regulations made under section 387 that prescribe a different place of trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360137.

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

73Category 3 offences

  1. This section applies to a proceeding for a category 3 offence.

  2. The applicable procedure for trial is—

  3. the Judge-alone trial procedure if—
    1. the defendant does not elect trial by jury under section 50 (or withdraws his or her election under section 53); or
      1. an order is made under section 102 or 103; or
      2. the jury trial procedure in any other case.

        1. The level of trial court is the District Court unless an order is made under section 68 or 70 that the proceeding be tried in the High Court.

        2. The place of trial is,—

        3. if the trial court is the High Court, the High Court at the place nearest to the court that is dealing with the proceeding under subpart 3 of this Part:
          1. if the trial court is the District Court,—
            1. the court that is dealing with the proceeding under subpart 3 of this Part; or
              1. if the trial procedure is jury trial, and the court that is dealing with the proceeding under subpart 3 of this Part does not have jury trial jurisdiction, the District Court with jury trial jurisdiction that is nearest to that court.

              2. In this section, jury trial jurisdiction, when used in relation to the District Court, means the District Court at the place where the court has jurisdiction in accordance with section 354(2) and (3) to conduct jury trials.

              3. This section is subject to—

              4. any order made under section 72 of the District Court Act 2016 or section 157 of this Act; and
                1. section 139; and
                  1. any regulations made under section 387 that prescribe a different or an alternative place of trial.

                    Notes
                    • Section 73(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 73(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 73(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 73(6)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 73(6)(c): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).