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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

362: Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders

You could also call this:

"Justices and Community Magistrates can stop some information from being shared for a short time."

Illustration for Criminal Procedure Act 2011

When you appear in the District Court, a Justice or Community Magistrate can make some decisions. They can make a suppression order, which is explained in section 194, to stop some information from being shared. This order can only last for up to 28 days.

If you are in court for the first time, the District Court can make a suppression order under subpart 3 of Part 5. The District Court can also make a suppression order if you have been to court before and both you and the other party agree to it. The order is explained in subpart 3 of Part 5.

There are some exceptions, like when the court is using its power under section 355 or 356, or section 359(a). In these cases, the rules about suppression orders are different. The court's decision is based on the law, including section 208.

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362A: Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges, or

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

362Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders

  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—

  2. jurisdiction in accordance with section 355 or 356; or
    1. the power in section 359(a).

      1. On a first appearance in court by a defendant, the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, may make a suppression order under subpart 3 of Part 5.

      2. On a subsequent appearance in court by a defendant, the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, may make a suppression order under subpart 3 of Part 5 if both parties agree to the making of the order.

      3. Despite section 208, a suppression order made by the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates in the exercise of its jurisdiction under this section may only have effect for a limited period of up to 28 days from the date on which the order is made.

      4. In this section, suppression order has the meaning given to it in section 194.

      Notes
      • Section 362(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 362(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 362(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 362(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).