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Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

247: First appeal courts

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you want to appeal a sentence, you need to go to a certain court. The court you go to depends on who sentenced you and what you were sentenced for. You might go to the District Court or the High Court.

If a Community Magistrate or Justice of the Peace sentenced you, you appeal to the District Court. If a District Court Judge sentenced you for a serious offence, you appeal to the High Court. There are rules about which court you go to if you had a jury trial or pleaded guilty.

If none of these rules apply to you, you can appeal to either the Court of Appeal or the Supreme Court. If you elected a jury trial but then changed your mind, you are treated as if you never elected a jury trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360422.

Topics:
Crime and justice > Courts and legal help
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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."

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248: How to commence first appeal, or

"Starting Your First Appeal: Filing a Notice with the Court"

Part 6Appeals
Appeals against sentence: First appeals

247First appeal courts

  1. The first appeal court for an appeal under this subpart is—

  2. the District Court presided over by a District Court Judge, if the appeal is against a sentence imposed by the District Court presided over by 1 or more Community Magistrates or 1 or more Justices of the Peace; or
    1. the High Court, if the appeal is against a sentence imposed by the District Court presided over by a District Court Judge and if—
      1. the sentence was for a category 1 or 2 offence; or
        1. the sentence was for a category 3 offence and the convicted person did not elect a jury trial; or
        2. the High Court, if the appeal is against a sentence imposed by the District Court presided over by a District Court Judge for a category 3 offence and if—
          1. the convicted person elected a jury trial; and
            1. the convicted person pleaded guilty to the offence before the trial; and
              1. the sentence appealed against is not a sentence of imprisonment exceeding 5 years; or
              2. either the Court of Appeal or the Supreme Court, in any other case.

                1. For the purposes of subsection (1), if a convicted person elected a jury trial but subsequently withdrew his or her election before trial, the convicted person must be treated as if he or she had not elected a jury trial.

                Notes
                • Section 247(1)(a): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 247(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 247(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 247(2): inserted, on , by section 42 of the Courts Matters Act 2018 (2018 No 50).