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Criminal Procedure Act 2011

Appeals - Solicitor-General's references

314: Procedure for references under section 313

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you want to ask the Court of Appeal to look at a decision made by another court, you must apply within 60 working days. You do this under section 313(1) if the criminal proceeding has ended, or under section 313(3) if the High Court has made a decision. The Court of Appeal can extend the time for you to apply.

If the Court of Appeal agrees to look at the decision, it will appoint a lawyer to help the court, have a hearing where people can talk about the issue, and then make a decision. When the Court of Appeal looks at the decision, it is like an appeal, as said in section 178 of the Senior Courts Act 2016. The Court of Appeal's decision does not change what other courts have already done in the case before the Court of Appeal made its decision.

The Court of Appeal's decision is made under section 313, and it must follow the rules. You should know that the Court of Appeal can make its own decisions, and its decision under section 313 is final. The Court of Appeal will make its decision after it has looked at the issue and heard from the people involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865788.

Topics:
Crime and justice > Courts and legal help
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313: Solicitor-General may refer certain questions to Court of Appeal, or

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

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315: Rights of appeal to Supreme Court, or

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Part 6Appeals
Solicitor-General's references

314Procedure for references under section 313

  1. An application for leave under section 313(1) must be made within 60 working days after the day on which the criminal proceeding ended.

  2. An application for leave under section 313(3) must be made within 60 working days after the date of the determination by the High Court.

  3. The Court of Appeal may, at any time, extend the time allowed for filing the application for leave.

  4. The Court of Appeal must, if it gives leave under section 313,—

  5. appoint counsel to assist the court; and
    1. deal with the reference by way of a hearing involving oral submissions; and
      1. determine the question referred.

        1. For the purpose of section 178 of the Senior Courts Act 2016, a hearing of a reference under section 313 must be treated as an appeal.

        2. The Court of Appeal’s determination of a reference under section 313 does not affect anything done in any proceeding to which the reference relates by another court before the date of that determination.

        Notes
        • Section 314(5): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).