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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

72: Category 2 offences

You could also call this:

"Less serious crimes: trials with a Judge alone"

Illustration for Criminal Procedure Act 2011

If you are involved in a proceeding for a category 2 offence, this section applies to you. The trial will be heard by a Judge alone, which is called a Judge-alone trial procedure. The trial will usually be held in the District Court.

The trial can be held in the High Court if an order is made under section 68 or section 70. If the trial is held in the High Court, it will be held at the High Court nearest to the court that is dealing with your proceeding under subpart 3 of this Part. If the trial is held in the District Court, it will be held at the court that is dealing with your proceeding under subpart 3 of this Part.

This section is subject to any orders made under section 72 of the District Court Act 2016 or section 157 of this Act, and section 139. These rules can affect where and how your trial is held. You should check these sections to understand how they might apply to you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865738.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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71: Category 1 offences, or

"Less serious crimes heard by a judge alone in the District Court"

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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"

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

72Category 2 offences

  1. This section applies to a proceeding for a category 2 offence.

  2. The applicable procedure for trial is the Judge-alone trial procedure.

  3. The level of trial court is the District Court unless an order is made under section 68 or 70 that the proceeding be tried in the High Court.

  4. The place of trial is,—

  5. if the trial court is the High Court, the High Court at the place nearest to the court that is dealing with the proceeding under subpart 3 of this Part:
    1. if the trial court is the District Court, the court that is dealing with the proceeding under subpart 3 of this Part.

      1. This section is subject to—

      2. any order made under section 72 of the District Court Act 2016 or section 157 of this Act; and
        1. section 139.

          Notes
          • Section 72(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 72(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 72(5)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).