If a judge decides you will be tried without a jury under section 102 or section 103, some rules apply. These rules are used before the trial starts, but might need some changes to work properly. The trial itself will follow the rules outlined in subpart 1 of Part 4.

You will go through a process before the trial, and then the trial will be conducted according to the rules. The rules help make sure everything is done fairly and in the right order. This is how your trial will work if you are tried without a jury.

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 It might be out of date or be missing some parts.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 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360168.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

103: Judge may order Judge-alone trial in cases involving intimidation of juror or jurors, or

"The court can choose a Judge-only trial if someone on the jury is being bullied or threatened."

105: Conduct of Judge-alone trial, or

"What happens in a trial when only a judge makes the decision"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Trial before Judge alone may be ordered

104Procedure for trial ordered under section 102 or 103

If an order is made under section 102 or 103 that 1 or more defendants be tried before a Judge without a jury,—
the provisions of this subpart apply before the trial, with any necessary modifications; and
subpart 1 of Part 4 applies to the conduct of the trial.