Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

251: Orders, etc, on successful first appeal

You could also call this:

"What happens to your sentence if you win your first appeal"

Illustration for Criminal Procedure Act 2011

If you appeal a sentence and you win, the first appeal court has some options. The court can change the sentence to something they think is more suitable, or they can modify the existing sentence. They can also send the sentence back to the original court and tell them what to do next.

When the first appeal court sends a sentence back to the original court, they can give them extra instructions on how to handle it. You can find similar rules in the 1986 legislation. The first appeal court must follow the law when making their decisions.

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 It might be out of date or be missing some parts.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=DLM3360426.

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

250: First appeal court to determine appeal, or

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

Next

252: Defendant may not withdraw guilty plea after sentence imposed on appeal, or

"You can't change your guilty plea after appealing a sentence, unless the appeal court says it's fair."

Part 6Appeals
Appeals against sentence: First appeals

251Orders, etc, on successful first appeal

  1. This section applies if a first appeal court allows an appeal under this subpart.

  2. The first appeal court must, within the limits allowed by law,—

  3. set aside the sentence and impose another sentence (whether more or less severe) that it considers appropriate; or
    1. vary the sentence, vary any part of the sentence, or vary any condition of the sentence; or
      1. remit the sentence to the court that imposed it and direct that court to take any action of a kind described in paragraph (a) or (b) as specified by the first appeal court.

        1. In remitting a sentence under subsection (2)(c), the first appeal court may give the sentencing court any further directions it considers appropriate about the manner in which the specified action is to be taken by the sentencing court.

        Compare