Jurisdiction of District Court presided over by 1 or more Community Magistrates

356 Jurisdiction of Community Magistrates

(1)

The District Court presided over by 1 or more Community Magistrates has jurisdiction in respect of—

(a)

a category 1 offence in respect of which the District Court presided over by 1 or more Justices has jurisdiction under section 355(1) or (2)(a); and

(b)

a category 1 offence, if the enactment creating the offence or another enactment states that the jurisdiction may be exercised by 1 or more Community Magistrates; and

(c)

a category 1 offence punishable by a fine not exceeding $40,000 unless the offence is prescribed by regulations made under section 387; and

(d)

an infringement offence.

(2)

The District Court presided over by 1 or more Community Magistrates does not have any jurisdiction in respect of a category 1 offence that is a continuing offence.

(3)

Nothing in section 357 or 358 limits this section.

Compare: 1957 No 87 s 9B

Section 356(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 356(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 356(1)(c): amended, on 1 July 2013, by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).

Section 356(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).