Subpart 5—Determination of level of trial court for category 2 and 3 offences

Determination of level of trial court for protocol offences

66 Establishment of protocol

(1)

The Chief High Court Judge and the Chief District Court Judge must establish a protocol that identifies those category 2 and 3 offences in relation to which the level of trial court must be determined in accordance with sections 67 and 68.

(2)

Without limiting subsection (1), the protocol may identify—

(a)

specific offences:

(b)

offences where certain circumstances are present (for example, offending that involves more than 1 defendant, or that results in a particular level of harm, or in relation to which the prosecution is brought by a particular prosecuting agency).

(3)

The Chief High Court Judge and the Chief District Court Judge may revise the protocol from time to time.

(4)

The Chief High Court Judge and the Chief District Court Judge must publish in the Gazette the protocol and the revisions of the protocol.