Part 2 Commencement of proceedings and preliminary steps

Subpart 1—Filing a charging document

14 Commencement of criminal proceedings

(1)

A criminal proceeding in respect of an offence is commenced by filing a charging document in the office of the District Court that is—

(a)

nearest to where the offence is alleged to have been committed; or

(b)

nearest to where the person filing the charging document believes the defendant can be found.

(2)

Despite subsection (1),—

(a)

if all the parties to the proposed proceeding agree, the charging document may be filed in another office of the District Court; and

(b)

if 2 or more charging documents are to be filed in respect of the same defendant, they may all be filed in an office of the District Court in which any 1 of them could be filed.

(3)

A failure to file a charging document in the correct office of the District Court in accordance with this section does not invalidate any proceeding.

Compare: 1957 No 87 ss 12, 18

Section 14(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 14(2)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 14(2)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 14(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).