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Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are a prosecutor and you appeal a sentence of imprisonment, your appeal will lapse if it is not heard before the person convicted finishes serving their sentence. You will be treated as if you abandoned your appeal under section 337. The prison manager must notify the Registrar of the appeal court when the defendant is released, if they know about the appeal.

When the person convicted is released from prison, the appeal is stopped. The prison manager tells the court that the person has been released. Your appeal is then treated as abandoned, as stated in section 337.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360424.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Starting Your First Appeal: Filing a Notice with the Court"

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250: First appeal court to determine appeal, or

"The first appeal court decides if your sentence was fair and makes changes if needed."

Part 6Appeals
Appeals against sentence: First appeals

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

  1. Every appeal under this subpart by the prosecutor against a sentence of imprisonment that is not heard before the date on which the person convicted has completed serving that sentence lapses on that date.

  2. The manager of any prison from which the defendant is released must, if he or she has knowledge of the appeal, notify the Registrar of the appeal court that the defendant has been released.

  3. The appeal must be treated as having been abandoned under section 337.

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