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Criminal Procedure Act 2011

Appeals - Appeals against finding of or sentence for contempt of court - First appeals

263: First appeal court to determine appeal

You could also call this:

"The first appeal court decides if they agree with a decision about contempt."

Illustration for Criminal Procedure Act 2011

When you appeal a decision about contempt, the first appeal court will make a decision. If you are appealing a finding of contempt, the court will treat it like an appeal against a conviction under subpart 3. The court will follow certain rules, including section 232, section 233(1) to (3), section 234, and section 235.

If you are appealing a sentence given for contempt, the court will treat it like an appeal against a sentence under subpart 4. The court will follow certain rules, including section 250 and section 251. You can appeal both the finding of contempt and the sentence at the same time.

The first appeal court will apply the rules that fit your situation. They will make a decision based on the rules for appealing a finding of contempt or a sentence, or both. The court's decision will depend on what you are appealing.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"How to Start Your First Appeal in Court"

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264: Right of appeal against determination of first appeal court, or

"You can ask a higher court to review a decision made by a lower appeal court."

Part 6Appeals
Appeals against finding of or sentence for contempt of court: First appeals

263First appeal court to determine appeal

  1. A first appeal court must determine a first appeal under this subpart against a finding of contempt as if it were a first appeal against conviction under subpart 3, and the following provisions apply as far as applicable and with the necessary modifications:

  2. section 232 (appeal court to determine appeal):
    1. section 233(1) to (3) (orders, etc, on successful appeal):
      1. section 234 (conviction and sentence for different offence may be substituted):
        1. section 235 (acquittal on account of insanity).

          1. A first appeal court must determine a first appeal against a sentence imposed for contempt as if it were a first appeal against sentence under subpart 4, and the following provisions apply as far as applicable and with the necessary modifications:

          2. section 250 (appeal court to determine appeal):
            1. section 251 (orders, etc, on successful appeal).

              1. In a first appeal against both the finding of contempt and the sentence imposed on that finding, the first appeal court must apply subsections (1) and (2) as appropriate.