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Criminal Procedure Act 2011

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

267: Second appeal court to determine appeal

You could also call this:

"The court decides your second appeal in a special way using certain rules."

Illustration for Criminal Procedure Act 2011

If you are making a second appeal to a court, they will decide your appeal in a certain way. When you appeal a finding of contempt, the court will treat it like an appeal against a conviction, using rules from subpart 3, and follow sections like section 240 and section 241. The court will apply these rules as much as they can, and make any necessary changes.

If you appeal a sentence given for contempt, the court will treat it like an appeal against a sentence, using rules from subpart 4, and follow sections like section 256 and section 257. The court will apply these rules as much as they can, and make any necessary changes. If you are appealing both the finding of contempt and the sentence, the court will use both sets of rules as needed.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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266: How to commence second appeal, or

"How to start a second appeal against a court decision"

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268: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."

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

267Second appeal court to determine appeal

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

  2. section 240 (appeal court to determine appeal):
    1. section 241 (orders, etc, on successful appeal).

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

      2. section 256 (appeal court to determine appeal):
        1. section 257 (orders, etc, on successful appeal).

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