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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

359: Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998

You could also call this:

"A Community Magistrate has extra powers to help make and enforce court decisions."

Illustration for Criminal Procedure Act 2011

When you are in the District Court with a Community Magistrate, they have some extra powers. They can make suppression orders under subpart 3 of Part 5. They can also make orders under section 4(3) of the Costs in Criminal Cases Act 1967.

The Community Magistrate has all the powers that a court has under the Sentencing Act 2002 or the Land Transport Act 1998 to make sure any sentence or order is carried out properly. This is for sentences or orders made under section 357 or 358. They can use these powers to give full effect to any sentence or order.

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Topics:
Crime and justice > Courts and legal help
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358: Power to impose penalties provided for in Land Transport Act 1998, or

"The court can give you penalties for traffic offences, like fines or stopping you from driving."

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360: Power of Community Magistrates to decline jurisdiction, or

"Community Magistrates can choose not to hear a case and send it to another court."

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

359Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998

  1. The District Court presided over by 1 or more Community Magistrates has, in exercising any power conferred on it by section 357 or 358,—

  2. power to make any suppression order under subpart 3 of Part 5:
    1. power to make an order under section 4(3) of the Costs in Criminal Cases Act 1967:
      1. all the powers and processes that a court has under the Sentencing Act 2002 or the Land Transport Act 1998 for the purpose of perfecting, or giving full effect to, any sentence imposed or order made under any of the provisions of those Acts referred to in section 357 or 358.

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        Notes
        • Section 359: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).