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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

361: Jurisdiction of Justices and Community Magistrates to take pleas

You could also call this:

"Justices and Community Magistrates can take your plea in certain court cases"

Illustration for Criminal Procedure Act 2011

When you are in the District Court with a Justice or Community Magistrate, they can do certain things. They can receive a plea from you if you are charged with a crime that is not a category 4 offence, as stated in section 37 or require a plea from you as stated in section 39.

If you want to plead guilty to a crime, you will usually be brought before a Judge to enter your plea.

There is an exception to this rule, which applies if you are entering a plea for a specific type of crime that section 357(1) applies to, and the court is presided over by one or more Community Magistrates.

None of these rules apply when the District Court is exercising its jurisdiction according to section 355 or section 356.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865798.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 7Provisions concerning jurisdiction of District Court
Jurisdiction of District Court presided over by 1 or more Community Magistrates

361Jurisdiction of Justices and Community Magistrates to take pleas

  1. The District Court presided over by 1 or more Justices or 1 or more Community Magistrates may—

  2. receive a plea under section 37 from a defendant charged with an offence that is not a category 4 offence:
    1. require a plea under section 39 from a defendant charged with an offence that is not a category 4 offence.

      1. If the defendant indicates to the court exercising the power under subsection (1) that he or she wishes to plead guilty to an offence, the defendant must be brought before a Judge to enter a plea.

      2. Subsection (2) does not apply if—

      3. the defendant is entering a plea in respect of any offence to which section 357(1) applies; and
        1. the court exercising jurisdiction under subsection (1) is presided over by 1 or more Community Magistrates.

          1. Nothing in this section applies when the District Court presided over by 1 or more Justices or 1 or more Community Magistrates is exercising jurisdiction in accordance with section 355 or 356.

          Notes
          • Section 361: replaced, on , by section 16 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
          • Section 361(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 361(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).