Part 5 General provisions

Subpart 1—Conduct of proceeding

Defendants who plead guilty or are found guilty

114 Procedure after defendant pleads or is found guilty

(1)

If a defendant pleads guilty or is found guilty, the court may convict or deal with the defendant in any other manner authorised by law and—

(a)

adjourn the proceeding; or

(b)

sentence or otherwise deal with the defendant immediately.

(2)

Despite subsection (1), if the defendant is before the District Court the court must transfer the proceeding to the High Court (at the place determined in accordance with section 74(4) and (5) as if the High Court were the trial court) for the sentencing of the defendant if—

(a)

section 81B of the Sentencing Act 2002 applies; or

(b)

section 90 of the Sentencing Act 2002 applies; or

(c)

the offence is a category 4 offence.

Compare: 1957 No 87 s 67(2)

Section 114(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).