74 Category 4 offences

(1)

This section applies to a proceeding for a category 4 offence.

(2)

The applicable procedure for trial is—

(a)

the jury trial procedure; or

(b)

the Judge-alone trial procedure if an order is made under section 102 or 103.

(3)

The level of trial court is the High Court.

(4)

The trial court is the High Court at the place that is nearest to the District Court at the place where the court is dealing with the proceeding immediately before it is transferred under section 36.

(5)

This section is subject to—

(a)

any order made under section 157; and

(b)
(c)

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

Section 74(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 74(4): amended, on 1 July 2013, by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).

Section 74(5)(c): amended, on 1 March 2017, by section 4 of the Criminal Procedure Amendment Act 2016 (2016 No 61).