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High Court explains second appearance of Category 4 offences over holidays

04 December 2017

The High Court has released a memorandum which explains how the second appearance of a Category 4 offence in the High Court will occur for December 2017, January 2018 and February 2018.

When a defendant is charged with a Category 4 offence, the second appearance is to be held in the High Court within 15 working days from the defendant's first appearance in the District Court.

Normally, a specified day of the week (and time) is set aside in each High Court registry to deal with any required second appearances.

However, the High Court does not sit from 20 December 2017 until 31 January 2018, with limited exceptions. Section 5 of the Criminal Procedure Act 2011 ("working day") says the period commencing on 25 December in one year and ending on 15 January in the next year are not to be counted as working days.

Rule 1.7 of the Criminal Procedure Rules 2012 allows time-frames between Criminal Procedure Act hearings to be extended.

The High Court's memorandum says there will be no second appearance hearings for Category 4 offences after Friday 15 December 2017 and before Monday 15 January 2018.

Outside that period, second appearance hearings will take place in December 2017, January 2018 and February 2018 as shown on the memorandum. Hearings will be scheduled for 9:00am unless otherwise advised.

Last updated on the 16th September 2019