73 Category 3 offences

(1)

This section applies to a proceeding for a category 3 offence.

(2)

The applicable procedure for trial is—

(a)

the Judge-alone trial procedure if—

(i)

the defendant does not elect trial by jury under section 50 (or withdraws his or her election under section 53); or

(ii)

an order is made under section 102 or 103; or

(b)

the jury trial procedure in any other case.

(3)

The level of trial court is the District Court unless an order is made under section 68 or 70 that the proceeding be tried in the High Court.

(4)

The place of trial is,—

(a)

if the trial court is the High Court, the High Court at the place nearest to the court that is dealing with the proceeding under subpart 3 of this Part:

(b)

if the trial court is the District Court,—

(i)

the court that is dealing with the proceeding under subpart 3 of this Part; or

(ii)

if the trial procedure is jury trial, and the court that is dealing with the proceeding under subpart 3 of this Part does not have jury trial jurisdiction, the District Court with jury trial jurisdiction that is nearest to that court.

(5)

In this section, jury trial jurisdiction, when used in relation to the District Court, means the District Court at the place where the court has jurisdiction in accordance with section 354(2) and (3) to conduct jury trials.

(6)

This section is subject to—

(a)

any order made under section 72 of the District Court Act 2016 or section 157 of this Act; and

(b)
(c)

any regulations made under section 387 that prescribe a different or an alternative place of trial.

Section 73(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 73(4)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 73(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 73(6)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 73(6)(c): amended, on 1 July 2013, by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).