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Criminal Procedure Act 2011

Appeals - Solicitor-General's references

313: Solicitor-General may refer certain questions to Court of Appeal

You could also call this:

"The Solicitor-General can ask a higher court to review a legal question from a finished trial."

Illustration for Criminal Procedure Act 2011

The Solicitor-General can ask the Court of Appeal to look at a question of law. You need to know that this can happen if the question came up during a trial in the District Court or the High Court. The trial must have finished, either because the person was found not guilty, found guilty, the charge was dropped, or the trial was stopped.

The Solicitor-General can still ask the Court of Appeal to look at a question of law even if someone is appealing against their conviction or sentence. The Solicitor-General can also ask the Court of Appeal to look at a question of law if it came up during someone's first appeal against their conviction or sentence. This can happen if the High Court was the first appeal court, it allowed the appeal, and the prosecutor cannot appeal against that decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865786.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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312: Right of appeal, or

"You can appeal to the High Court if you disagree with a decision about your bond or prison sentence."

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314: Procedure for references under section 313, or

"Asking the Court of Appeal to review a court decision"

Part 6Appeals
Solicitor-General's references

313Solicitor-General may refer certain questions to Court of Appeal

  1. The Solicitor-General may, with the leave of the Court of Appeal, refer a question of law to that court under this subsection if—

  2. the question arose in or in relation to a trial of a person in the District Court or the High Court for an offence (the criminal proceeding); and
    1. the criminal proceeding in the District Court or High Court has ended, whether because the person tried for the offence has been acquitted or convicted, the charge has been dismissed, or the proceeding has been stayed or otherwise brought to an end.

      1. The fact that an appeal against conviction or sentence has been filed does not prevent the Solicitor-General referring a question to that court under subsection (1).

      2. The Solicitor-General may, with the leave of the Court of Appeal, refer a question of law to that court under this subsection if—

      3. the question of law arose in or in relation to a defendant's first appeal against conviction or sentence; and
        1. the High Court was the first appeal court and it allowed the appeal, and the prosecutor has no right of appeal against that court's determination.

          Notes
          • Section 313(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).