What happens if I am accused of a cyberbullying offence?
- 05.09.2026
I have been charged with a serious offence and the judge mentioned my right to elect trial by jury. I do not understand who decides that or when a judge-alone trial is possible. How does it work in New Zealand?
Under the Criminal Procedure Act 2011, offences are divided into categories. Category 3 offences, those with a maximum penalty of two years' imprisonment or more, can be tried by a jury if the defendant elects it, although the prosecution can also request a jury for particular cases. Category 4 offences, including murder and other very serious charges, must be tried by a jury in the High Court. Lower-level offences are dealt with by a judge alone in the District Court. A jury of twelve must reach a unanimous or near unanimous verdict, with limited majority verdicts allowed after long deliberation. Your lawyer will discuss the advantages and risks of each mode, including trial delays and the evidence in your case.
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