Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Appeals against conviction - First appeals

233: Orders, etc, on successful first appeal

You could also call this:

"What happens if you win your first appeal in court"

Illustration for Criminal Procedure Act 2011

If a court allows a first appeal, it must cancel the conviction. The court must also do one of the following: direct that you are found not guilty, order a new trial, use the powers in section 234, use the powers in section 235(2), or make any other order it thinks is fair. The court may also use the powers in section 236.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360401.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

232: First appeal court to determine appeal, or

"The first appeal court decides if a decision was wrong and if you should win your appeal."

Next

234: Conviction and sentence for different offence may be substituted, or

"The court can change your conviction to a different crime if they think the facts fit better."

Part 6Appeals
Appeals against conviction: First appeals

233Orders, etc, on successful first appeal

  1. This section applies if a first appeal court allows a first appeal under this subpart.

  2. The court must set aside the conviction.

  3. The court must also—

  4. direct that a judgment of acquittal be entered; or
    1. direct that a new trial be held; or
      1. exercise the powers under section 234; or
        1. exercise the powers under section 235(2); or
          1. make any other order it considers justice requires.

            1. The court may also exercise the powers under section 236.

            Compare