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Criminal Procedure Act 2011

Procedure before trial - Determination of level of trial court for category 2 and 3 offences - Determination of level of trial court for protocol offences

68A: High Court Judge may reconsider orders made under section 68 in certain circumstances

You could also call this:

"A High Court Judge can change their mind about which court hears your case if something important changes."

Illustration for Criminal Procedure Act 2011

If you are involved in a court case, a High Court Judge can look again at decisions made about which court should hear your case. The Judge can do this if something important has changed, such as a new person being added to or removed from the case, or if the court's workload has increased or decreased. The Judge can also make a new decision about which court should hear your case without asking for advice from a District Court Judge. When making a new decision, the High Court Judge must think about certain things, like what is said in section 67 and section 68.

You cannot appeal against a new decision made by the High Court Judge after they have looked again at the case. If someone talks about a decision made about which court should hear a case, they are also talking about decisions made after the High Court Judge has looked again at the case. If there is a problem between this rule and section 135, then section 135 is more important.

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Part 3Procedure before trial
Determination of level of trial court for category 2 and 3 offences: Determination of level of trial court for protocol offences

68AHigh Court Judge may reconsider orders made under section 68 in certain circumstances

  1. A High Court Judge may, on the Judge’s own motion,—

  2. reconsider an order made under section 68(1), if there has been any relevant change in circumstances, including (but not limited to)—
    1. the addition of a co-defendant to, or removal of a co-defendant from, the proceedings:
      1. an increase or a decrease in—
        1. the resources available to the court:
          1. the complexity of the proceedings:
          2. a jury backlog arising out of particular circumstances (for example, compliance with rules to prevent the spread of COVID-19); and
          3. make a new order under section 68(1) without seeking a recommendation from the District Court Judge under section 67.

            1. Before making a new order under section 68(1) after reconsideration under this section, the High Court Judge must consider the matters specified in sections 67(4) and 68(2)(a) and (b).

            2. No party may appeal against an order made under section 68(1) after reconsideration under this section.

            3. A reference, in legislation or an administrative document, to an order made under section 68 or 68(1) includes, without limitation, a reference to an order of that kind made after reconsideration under this section.

            4. If a conflict arises between this section and section 135, section 135 prevails.

            Notes
            • Section 68A: inserted, on , by Schedule 6 clause 5 of the COVID-19 Response (Management Measures) Legislation Act 2021 (2021 No 42).