Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

343: General effect of appeal on sentence

You could also call this:

"What happens to your sentence when you appeal"

Illustration for Criminal Procedure Act 2011

When you file a notice of appeal, it does not automatically stop your sentence from happening. Your sentence will still happen unless the appeal court says it should be stopped. The appeal court can direct that your sentence be suspended, or a law can say that the sentence should be suspended in your case.

If you want to know more about similar laws, you can look at the law from 1961. You can file a notice of appeal, but this does not mean your sentence will be stopped right away. The sentence will be stopped only if the appeal court or a law says it should be stopped.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360548.


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Part 6Appeals
Further provisions: How appeal affects decisions under appeal

343General effect of appeal on sentence

  1. No sentence may be suspended just because a person files a notice of appeal or notice of an application for leave to appeal under this Part, unless—

  2. the appeal court expressly directs that the sentence be suspended; or
    1. an enactment provides for the sentence to be suspended in that case.
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