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Criminal Procedure Act 2011

Provisions concerning jurisdiction of District Court - Jurisdiction of District Court presided over by 1 or more Community Magistrates

356: Jurisdiction of Community Magistrates

You could also call this:

"What cases Community Magistrates can hear in the District Court"

Illustration for Criminal Procedure Act 2011

When you go to the District Court with a Community Magistrate, they can deal with certain types of cases. They can handle category 1 offences that the District Court with a Justice can deal with under section 355(1) or (2)(a). They can also handle category 1 offences that a law says can be dealt with by a Community Magistrate.

The District Court with a Community Magistrate can handle category 1 offences that have a fine of up to $40,000, unless a regulation made under section 387 says otherwise. They can also handle infringement offences, which are a type of offence.

You should note that the District Court with a Community Magistrate cannot deal with category 1 offences that are continuing offences. Nothing in section 357 or section 358 changes this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360562.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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355: Jurisdiction of Justices, or

"What cases a Justice can hear in the District Court"

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357: Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences, or

"Community Magistrates can give sentences for some crimes, but only certain types like fines or community work."

Part 7Provisions concerning jurisdiction of District Court
Jurisdiction of District Court presided over by 1 or more Community Magistrates

356Jurisdiction of Community Magistrates

  1. The District Court presided over by 1 or more Community Magistrates has jurisdiction in respect of—

  2. a category 1 offence in respect of which the District Court presided over by 1 or more Justices has jurisdiction under section 355(1) or (2)(a); and
    1. a category 1 offence, if the enactment creating the offence or another enactment states that the jurisdiction may be exercised by 1 or more Community Magistrates; and
      1. a category 1 offence punishable by a fine not exceeding $40,000 unless the offence is prescribed by regulations made under section 387; and
        1. an infringement offence.

          1. The District Court presided over by 1 or more Community Magistrates does not have any jurisdiction in respect of a category 1 offence that is a continuing offence.

          2. Nothing in section 357 or 358 limits this section.

          Compare
          Notes
          • Section 356(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 356(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 356(1)(c): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
          • Section 356(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).