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Criminal Procedure Act 2011

Appeals - Appeals on question of law - First appeals

300: First appeal court to determine appeal

You could also call this:

"The first appeal court decides what happens next with your appeal."

Illustration for Criminal Procedure Act 2011

When you appeal a decision, the first appeal court looks at your case. The court can confirm the original ruling or make changes if it thinks the ruling was wrong and unfair. If the ruling was about your conviction or sentence, the court can set aside the conviction, order a new trial, or change the sentence.

If the court thinks the sentence is wrong, it can change the sentence or send it back to the original court. The court can also send the case back to the trial court or make any other order it thinks is fair. You can find more information about staying a prosecution or dismissing a charge under section 147.

The District Court can send your appeal to the High Court, and the High Court can send it to the Court of Appeal. Either of these courts can then make decisions about your appeal. The court can give different directions for each charge you are appealing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360489.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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299: Power of first appeal court to amend question stated, or

"The first appeal court can change a legal question to help make a fair decision."

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301: Deferral or adjournment of trial if notice of application for leave to appeal filed, or

"What happens to your trial if you want to appeal before or during the trial"

Part 6Appeals
Appeals on question of law: First appeals

300First appeal court to determine appeal

  1. A first appeal court must determine a first appeal under this subpart by—

  2. confirming the ruling appealed against; or
    1. doing any of the following if the court considers the ruling is erroneous and, in the case of the person’s conviction or acquittal or of a direction by a court to stay the prosecution or to dismiss the charge under section 147, also resulted in a miscarriage of justice:
      1. setting aside the conviction and entering an acquittal, if the person has been convicted; or
        1. directing a new trial, in any case; or
        2. varying or substituting the sentence or remitting the sentence to the sentencing court with directions, if the decision relates to sentence and the court thinks the decision is erroneous; or
          1. remitting the matter to the trial court in accordance with the opinion of the appeal court; or
            1. making any other order that the court considers justice requires.

              1. The District Court may order that a first appeal to that court be removed to the High Court, and the High Court then has the same powers under this subpart as if it were the first appeal court for the purpose of determining the appeal.

              2. The High Court may order that a first appeal to that court be removed to the Court of Appeal, and the Court of Appeal then has the same powers under this subpart as if it were the first appeal court for the purpose of determining the appeal.

              3. The first appeal court may give separate directions concerning each charge to which the appeal relates.

              Compare
              Notes
              • Section 300(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).