Order that proceeding for category 2 or 3 offence be tried in High Court

70 High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court

(1)

This section applies if a defendant is charged with a category 2 or 3 offence, and a High Court Judge has not made an order under section 68 (whether or not the offence is a protocol offence).

(2)

The defendant or the prosecutor may apply to a High Court Judge for an order directing that the defendant be tried in the High Court.

(3)

The prosecutor and the defendant may make written submissions in relation to an application under subsection (2), but no party is entitled to be heard.

(4)

The Judge must determine whether the defendant is to be tried in the District Court or the High Court and make an order accordingly.

(5)

Before making an order under subsection (4) the Judge must consider—

(a)

any information provided by the District Court about its capacity to hold the trial; and

(b)

any submissions from the prosecutor and the defendant; and

(c)

the matters listed in section 67(4)(b).

(6)

No party may appeal against an order under subsection (4).

Compare: 1947 No 16 s 28J