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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

74: Category 4 offences

You could also call this:

"Big crimes that are tried in the High Court with a judge or jury"

Illustration for Criminal Procedure Act 2011

If you are involved in a category 4 offence case, this section of the law applies to you. The trial will either be a jury trial or a Judge-alone trial, which can happen if an order is made under section 102 or section 103. The case will be heard in the High Court.

The High Court that hears your case will be the one nearest to the District Court where your case was first dealt with, before it was transferred under section 36. This rule can be changed by an order made under section 157, or by section 139, or by regulations made under section 387 that say a different court can hear the case. These rules can affect where your case is heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360139.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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73: Category 3 offences, or

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

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75: Transfer of certain proceedings for category 2 and 3 offences to trial court, or

"Moving your court case to the right court for a fair trial"

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

74Category 4 offences

  1. This section applies to a proceeding for a category 4 offence.

  2. The applicable procedure for trial is—

  3. the jury trial procedure; or
    1. the Judge-alone trial procedure if an order is made under section 102 or 103.

      1. The level of trial court is the High Court.

      2. The trial court is the High Court at the place that is nearest to the District Court at the place where the court is dealing with the proceeding immediately before it is transferred under section 36.

      3. This section is subject to—

      4. any order made under section 157; and
        1. section 139; and
          1. any regulations made under section 387 that prescribe a different or an alternative place of trial.

            Notes
            • Section 74(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 74(4): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
            • Section 74(5)(c): amended, on , by section 4 of the Criminal Procedure Amendment Act 2016 (2016 No 61).