67 District Court Judge may recommend level of trial court for protocol offence

(1)

If the prosecutor identifies the offence charged as a protocol offence, under section 56(1)(f) or otherwise, a District Court Judge may—

(a)

decline to make a recommendation for the purposes of section 68, if he or she considers that the offence is not a protocol offence; or

(b)

if the Judge considers that the offence is a protocol offence,—

(i)

consider whether the trial should be held in the District Court or the High Court; and

(ii)

make a recommendation for the purposes of section 68.

(2)

The District Court Judge must make a recommendation under subsection (1)(b) if—

(a)

the prosecutor or the defendant seeks to have the trial held in the High Court; or

(b)

the Judge considers that not all of the proceedings that are awaiting trial in the District Court at the place at which the trial would be held are able to be heard within a reasonable timeframe.

(3)

For the purposes of subsection (1), the prosecutor and the defendant may make written submissions to the Judge, but no party is entitled to be heard.

(4)

Before making a recommendation under subsection (1), the Judge must—

(a)

consider any submissions from the prosecutor and the defendant, including anything submitted to the court under section 56(1)(f)(i) or otherwise provided to the court under section 57(2)(a); and

(b)

consider the following matters:

(i)

the nature and seriousness of the offence charged; and

(ii)

the complexity of the factual and legal issues likely to arise in the proceeding; and

(iii)

the likelihood that the proceeding will be of wide public concern; and

(iv)

any need for enhanced security or facilities during the trial that are not readily available in the District Court; and

(v)

the desirability of the prompt disposal of trials and the respective workloads of the High Court and the District Court in the locality of the trial; and

(vi)

the likelihood of a sentence beyond the jurisdiction of the District Court; and

(vii)

the interests of justice generally.

Compare: 1957 No 87 s 184Q