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Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

248: How to commence first appeal

You could also call this:

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

Illustration for Criminal Procedure Act 2011

To start a first appeal, you file a notice in the court you are appealing to. If you are appealing to the District Court, the High Court, or the Court of Appeal, you file a notice of appeal. If you are appealing to the Supreme Court, you file a notice of application for leave to appeal. You must file the notice within 20 working days after the date of the sentence you are appealing against. If you are a prosecutor, you must also file a document that shows you have the consent required under section 246.

The court can extend the time you have to file the notice or the consent document. You can ask the court to do this at any time. The court will decide whether to give you more time to file the documents.

If you are appealing, you need to follow these steps. You must file the right documents with the court. The court will look at your appeal and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360423.

Topics:
Crime and justice > Courts and legal help
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247: First appeal courts, or

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

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249: Appeal by prosecutor treated as abandoned if not heard before sentence completed, or

"Prosecutor's appeal stops if sentence is finished before it's heard."

Part 6Appeals
Appeals against sentence: First appeals

248How to commence first appeal

  1. A convicted person or prosecutor commences a first appeal under this subpart by filing in the first appeal court—

  2. a notice of appeal, if the court appealed to is the District Court, the High Court, or the Court of Appeal; or
    1. a notice of application for leave to appeal, if the court appealed to is the Supreme Court.

      1. A notice of appeal or notice of application for leave to appeal must be filed within 20 working days after the date of the sentence appealed against.

      2. In an appeal by a prosecutor, any document evidencing consent required under section 246 must be filed with the notice of appeal or notice of application for leave to appeal.

      3. The first appeal court may, at any time, extend the time allowed for filing—

      4. a notice of appeal or notice of application for leave to appeal; or
        1. a document evidencing consent required under section 246.

          Compare
          Notes
          • Section 248(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).