Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

218: Right of appeal by defendant only against pre-trial decisions in jury trial case

You could also call this:

"You can appeal some court decisions before your jury trial starts, but only if you ask for permission first."

Illustration for Criminal Procedure Act 2011

If you are on trial for a serious crime and you chose to have a jury, you can appeal some decisions made by the court before the trial starts. You can appeal if the court refuses to make you, the prosecutor, provide more details about the charge against you, as stated in section 18. You can also appeal if the court decides to move your trial to a different court, as stated in section 157, but you need to get permission from the appeal court first.

You can only appeal these decisions if you are on trial for a category 3 or 4 offence. The court will consider your appeal, but only if they give you permission to do so. This means you have to ask the appeal court if you can appeal, and they will decide if they will hear your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360384.


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217: Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case, or

"You can appeal some court decisions made before a jury trial starts, with permission from a higher court."


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219: First appeal courts, or

"Which court you appeal to first depends on who made the original decision"

Part 6Appeals
Appeals against pre-trial decisions: First appeals

218Right of appeal by defendant only against pre-trial decisions in jury trial case

  1. This section applies if a court makes a decision specified in subsection (2) in proceedings for—

  2. a category 3 offence after the defendant elected a jury trial; or
    1. a category 4 offence.
      1. The defendant may, with the leave of the first appeal court, appeal to that court against a decision that is either of the following:

      2. refusing to make an order under section 18 (that prosecutor provide further particulars relevant to setting out of charge):
        1. making an order under section 157 (to transfer proceeding to court at another place).
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