Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - First appeals

288: Trial court may allow trial to proceed

You could also call this:

"The court can start or continue your trial even if you're appealing a decision."

Illustration for Criminal Procedure Act 2011

If you have filed an appeal about a decision to make or refuse to make a suppression order, or to renew, vary, or revoke one under section 208, this section applies to you. The court that is hearing your trial can let it start or keep going, even if your appeal has not been decided yet. This means the trial does not have to wait for the appeal to be sorted out.

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 It might be out of date or be missing some parts.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=DLM3865781.

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

287: First appeal court to determine appeal, or

"The first appeal court decides what happens next with your appeal."

Next

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

"You can appeal again if a first appeal doesn't go your way, but you need a second court's permission."

Part 6Appeals
Appeals against suppression orders: First appeals

288Trial court may allow trial to proceed

  1. This section applies if an appeal has been filed under this subpart against—

  2. a decision to make or refuse to make a suppression order; or
    1. a decision to renew, vary, or revoke a suppression order under section 208.

      1. The trial court may allow the trial to which the appeal relates to commence or continue, as the case may be, even though the appeal has not been determined.