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Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

245: Right of appeal against sentence not affected by sentence indication

You could also call this:

"You can still appeal a sentence, even if you got a sentence indication beforehand."

Illustration for Criminal Procedure Act 2011

If you get a sentence indication, it does not change your right to appeal against the sentence. The prosecutor also keeps their right to appeal against the sentence. You or the prosecutor can still appeal against the sentence, even if a sentence indication was given.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360420.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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244: Convicted person's right of appeal against sentence, or

"What to do if you don't agree with your sentence after being found guilty of a crime"

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246: Prosecutor's right of appeal, or

"The prosecutor can ask a higher court to change a sentence if they think it's not fair."

Part 6Appeals
Appeals against sentence: First appeals

245Right of appeal against sentence not affected by sentence indication

  1. The fact that a defendant has received a sentence indication does not affect the right of the defendant or the prosecutor to appeal against sentence.