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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Court dealing with proceeding before trial or transfer for trial

36: Court dealing with proceeding before transfer for trial: category 4

You could also call this:

"What happens in court before a category 4 case is moved to the High Court"

Illustration for Criminal Procedure Act 2011

When you appear in court for a category 4 offence, your first court date must be in the District Court where the charging document was filed. After your first court date, the court will adjourn the case and then transfer it to the High Court. This process is affected by section 191 and any orders made under section 72 of the District Court Act 2016 or section 157 of this Act.

You will have to go to the District Court for your first appearance, and then the case will be moved to the High Court. The court must follow certain rules when dealing with your case, including any orders made by other laws. These rules help the court decide what to do with your case before it is transferred to the High Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865717.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 2Commencement of proceedings and preliminary steps
Court dealing with proceeding before trial or transfer for trial

36Court dealing with proceeding before transfer for trial: category 4

  1. A defendant's first appearance in court for a category 4 offence before the proceeding is transferred under subsection (2) must be in the District Court at the place where the charging document was filed.

  2. On the adjournment of the proceeding after the defendant's first appearance in court the court must transfer the proceeding to the High Court.

  3. This section is subject to—

  4. section 191; and
    1. any order made under section 72 of the District Court Act 2016 or under section 157 of this Act.

      Notes
      • Section 36(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 36(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).