Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

246: Prosecutor's right of appeal

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are a prosecutor, you can appeal a sentence given to someone who has committed a crime, but only if the sentence is not already decided by law. You can appeal to a court, but you must follow the rules in this part of the law.

When you, as a prosecutor, want to appeal, you must get permission from the Solicitor-General, unless the defendant is the Crown Law Office.

If the defendant is the Crown Law Office, you need to get permission from the Attorney-General, and the Attorney-General must make this decision personally, you can see related laws at s 115A(1)–(2A) and s 383(2), (2A).

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 It might be out of date or be missing some parts.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=DLM3360421.

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

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

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

Next

247: First appeal courts, or

"Which court you appeal to if you don't agree with your sentence"

Part 6Appeals
Appeals against sentence: First appeals

246Prosecutor's right of appeal

  1. A prosecutor may, in accordance with this section, appeal under this subpart to the first appeal court against the sentence imposed for an offence, unless the sentence is one fixed by law.

  2. An appeal under this subpart by a prosecutor may be brought only by or with the consent of the Solicitor-General.

  3. However, if the defendant is the Crown Law Office, the appeal may be brought only with the consent of the Attorney-General and any decision to give consent must be given personally by the Attorney-General.

Compare