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Overview
The District Court deals with most adult criminal cases in Aotearoa New Zealand. This page explains what happens in criminal proceedings at the District Court, who is involved and who can support you to take part in the justice process.
Criminal proceedings at District Court
The District Court deals with most adult criminal proceedings in Aotearoa New Zealand.
A person charged with a criminal offence usually has their first appearance in the District Court. Some serious cases may later move to the High Court.
If the case stays in the District Court, this may be where:
- court dates are set
- bail is discussed
- you give evidence, if you are a witness
- the case goes to trial
- sentencing happens, if the defendant pleads guilty or is found guilty
Youth Court
Proceedings involving young people aged 14 to 17 years usually go through Youth Court instead.
Find out more about Youth Court(external link)
Civil Court
Some matters may go through civil court. For example, if you have applied or if you would like to apply for restraining orders, non-contact orders and harmful digital communications order.
Find out more about Civil Court | Ministry of Justice(external link)
Understanding a criminal case
The purpose of a criminal case is to find out if the defendant broke the law or not.
The case is usually between:
- the prosecution, representing the State (the Crown)
- the defendant, who is the person charged with the offence.
The prosecutor presents the case in court. The judge manages the court process and makes decisions about the law. In some cases, a jury of 12 members of the public decides whether the defendant is guilty or not guilty. These 12 jury members can only be part of the jury if they don’t know anyone who is involved in the case.
For more information about offence categories and types of trial, including when a jury may be selected visit the Ministry of Justice website.
The role of victims
The prosecutor and defendant are both referred to as a party to the proceedings. This means that they are the main people involved in the case. They attend court events and, if there is a trial, present evidence to the court.
If you are a victim of the crime, your role is different but still important. You are not a party to the proceedings, but you have rights to information about what is happening.
How a Court Victim Advisor can help
A Court Victim Advisor can give you information about the court process and your rights as a victim. They can help explain what may happen at court and how you can take part.
Court Victim Advisors’ support is free. They do not give legal advice or provide counselling, but they can refer you to services that can give you support, including Victim Support or family violence and sexual violence support services.
For information about Court Victim Advisors and other court staff you may come across, visit the page below.
When a Court Victim Advisor will contact you
A Court Victim Advisor will usually contact you after the defendant’s first appearance in court. You can also contact a Court Victim Advisor through your local court or by calling 0800 650654 to speak to a Court Victim Advisor. You can find the location of your local district court on the Ministry of Justice website.
Interpreters
If English is not your first language, or you are deaf, hearing impaired, blind and/or speech impaired, support is available. You do not have to pay for an interpreter or communications assistance.
You can find out more about getting an interpreter by visiting the Ministry of Justice website.
Interpreters, language & disability access | Ministry of Justice(external link)