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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

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

You could also call this:

"Justices and Community Magistrates can change or stop charges against you in some cases"

Illustration for Criminal Procedure Act 2011

When you are in court, a Justice or Community Magistrate can make some decisions. They can change a charge against you if the prosecutor and you agree to the change, as stated in section 133. They can also stop a charge against you if you agree to let the prosecutor withdraw the charge, as stated in section 146.

This rule applies to some types of offences, but not to others. It applies to category 1, 2, and 3 offences, but not to category 4 offences.

There is an exception to this rule. If the District Court is making a decision in a special way, as described in section 355 or section 356, then this rule does not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7141510.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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362: Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders, or

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

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

362AJurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges

  1. A presiding Justice or Community Magistrate (as the case may be) may exercise the power specified in—

  2. section 133 (amendment of charge) if the prosecutor and the defendant consent to the amendment:
    1. section 146 (withdrawal of charge) if the defendant consents to the prosecutor withdrawing the charge.

      1. This section applies to category 1, 2, and 3 offences, but not to category 4 offences.

      2. 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 362A: inserted, on , by section 7 of the Criminal Procedure Amendment Act 2016 (2016 No 61).