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Criminal Procedure Act 2011

Appeals - Appeals on question of law - First appeals

302: How determination of appeal affects outcome of trial

You could also call this:

"What happens to your trial if you appeal and how it affects the outcome."

Illustration for Criminal Procedure Act 2011

If you are waiting for a first appeal to be decided, the trial can still happen. You might be found not guilty, guilty, have your case dismissed under section 147, or have your prosecution stayed. The court can then decide what to do next.

If you are found guilty, the court can delay sentencing you until the first appeal court makes a decision. This can be when the court decides if you can appeal or when it answers a question about the law. It can also be delayed until you have asked to appeal again and that appeal has been decided.

If you are found not guilty, have your case dismissed, or have your prosecution stayed, you can still be arrested or summoned to court again. This can happen if the first appeal court orders a new trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360490.

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

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

"You can appeal again to a higher court if you don't agree with the first appeal court's decision."

Part 6Appeals
Appeals on question of law: First appeals

302How determination of appeal affects outcome of trial

  1. This section applies if, before a first appeal is determined, the trial to which a first appeal relates proceeds and the outcome is an acquittal, a conviction, a dismissal under section 147, or a stay of prosecution.

  2. The trial court may, if the person is convicted, postpone sentencing the person or defer the commencement of any sentence imposed until—

  3. the first appeal court determines the application for leave to appeal or determines the question of law; or
    1. an application for leave to make a further appeal or (if leave is given) the further appeal has been determined.

      1. If the outcome of the trial is an acquittal or a dismissal, or the prosecution is stayed, a person is subject to being rearrested or summoned to appear if the first appeal court orders a new trial.

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