Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Further provisions - Powers exercisable by 1 or 2 appellate Judges

332: Powers exercisable by Judge of Supreme Court

You could also call this:

"A Supreme Court Judge's special decision-making powers"

Illustration for Criminal Procedure Act 2011

A Judge of the Supreme Court can make some decisions on their own. You can think of these decisions as powers that the whole Supreme Court can make, but a Judge can make them too. The Judge can decide to give someone more time to appeal a decision, or let someone be present in court when they are not usually allowed to be there.

The Judge can also decide to keep someone in detention until a new trial, or grant them bail. If the Judge says no to one of these requests, you can ask the whole court to consider it.

The rules about these powers are the same whether a Judge or the whole Supreme Court makes the decision, you can find similar rules in the 1986 legislation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360532.

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

331: Provisions about hearing on papers, or

"Decisions made by the court using only written information"

Next

333: Powers exercisable by Judges of Court of Appeal, or

"What powers do Court of Appeal Judges have to make decisions in a case?"

Part 6Appeals
Further provisions: Powers exercisable by 1 or 2 appellate Judges

332Powers exercisable by Judge of Supreme Court

  1. A Judge of the Supreme Court may exercise, in the same manner as it may be exercised by that court and subject to the same provisions, any power of that court to—

  2. extend the time within which notice of appeal or of an application for leave to appeal may be given; or
    1. allow a party to be present at any proceedings in cases where he or she is not entitled to be present without leave; or
      1. issue a warrant for the detention of the defendant pending a new trial; or
        1. grant bail to a party.

          1. A party may have an application for the exercise of a power under subsection (1) decided by the court if a Judge refuses to exercise the power in favour of the party.

          Compare