Criminal Procedure Act 2011

Appeals - Solicitor-General's references

317: Solicitor-General may refer question to Supreme Court

You could also call this:

"The Solicitor-General can ask the Supreme Court for help with a legal question."

Illustration for Criminal Procedure Act 2011

The Solicitor-General can ask the Supreme Court to look at a question of law. You need to know that this can happen if a question came up during someone's first appeal against a conviction or sentence. The Solicitor-General must get permission from the Supreme Court to do this.

The question must have come from a case where the Court of Appeal made a decision and the prosecutor cannot appeal that decision. This means the Court of Appeal was the first court to hear the appeal and it made a decision in favour of the defendant. The prosecutor does not have the right to appeal the Court of Appeal's 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=DLM3865791.


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"How to appeal a decision under section 315 of the law"


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318: Procedure for references under section 317, or

"Asking the Supreme Court to Review a Court of Appeal Decision"

Part 6Appeals
Solicitor-General's references

317Solicitor-General may refer question to Supreme Court

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

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