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Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

222: Trial court may allow trial to proceed

You could also call this:

"The court can still start or continue your trial while your appeal is being decided if it's fair to do so."

Illustration for Criminal Procedure Act 2011

If you are waiting for an appeal to be decided, the court that is handling your trial can still let it start or keep going. This can happen if you have asked to appeal but the court has not made a decision yet, or if you have been given permission to appeal but the appeal has not been finished. The court will only let the trial proceed if it thinks this is fair.

The court makes this decision based on what it thinks is best for fairness and justice. You might have filed a notice to ask for permission to appeal, but the court has not decided on it yet. The court can choose to let your trial start or continue even if your appeal is still being considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865771.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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221: First appeal court to determine appeal, or

"The first appeal court makes a decision on your appeal, and can agree, change or cancel the original decision."

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

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Part 6Appeals
Appeals against pre-trial decisions: First appeals

222Trial court may allow trial to proceed

  1. This section applies if—

  2. a notice of application for leave to appeal has been filed under this subpart but not determined; or
    1. leave to appeal has been given under this subpart but the appeal has not been determined.

      1. The trial court may allow the trial to which the application or appeal relates to commence or continue, as the case may be, even though the application or appeal has not been determined, if satisfied that it is in the interests of justice to do so.

      Notes
      • Section 222(1)(a): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).