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Criminal Procedure Act 2011

Appeals - Further provisions - Procedure for determining jurisdiction where appeals lie to different appeal courts

321: Related appeals that are to be heard by Court of Appeal

You could also call this:

"Appeals to the Court of Appeal: What happens next if you disagree with a court decision"

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime and you want to appeal, you can appeal to the Court of Appeal. You can appeal against your conviction under section 229 or against your sentence under section 244. The prosecutor can also appeal against your sentence under section 246. If you or the prosecutor appeal, the Court of Appeal must hear and decide on the appeal. However, if the Supreme Court gives you permission to appeal to them, the Court of Appeal does not have to hear the appeal.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"What a 'related right of appeal' means in the law"

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Part 6Appeals
Further provisions: Procedure for determining jurisdiction where appeals lie to different appeal courts

321Related appeals that are to be heard by Court of Appeal

  1. This section applies if—

  2. a convicted person appeals to the Court of Appeal against conviction under section 229:
    1. a convicted person appeals to the Court of Appeal against sentence under section 244 or the prosecutor appeals to that court against sentence under section 246.

      1. Appeals arising from the exercise of a related right of appeal by the convicted person or the prosecutor must be heard and determined by the Court of Appeal.

      2. Subsection (2) does not apply to any appeal to the Supreme Court for which the Supreme Court has given leave.

      3. This Part applies accordingly with the necessary modifications.

      Compare
      Notes
      • Section 321(2): replaced, on , by section 13 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
      • Section 321(2A): inserted, on , by section 13 of the Criminal Procedure Amendment Act 2013 (2013 No 25).