New Zealand Acts

COURT MARTIAL APPEALS ACT 1953

- As at 28 October 2021
- Act 100 of 1953

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   2A.     Transitional, savings, and related provisions
   2B.     Act binds the Crown
   3.      Constitution of Court Martial Appeal Court
   4.      Supplementary provisions as to court
   5.      Registrar and officers of court
   6.      Appeal against decision of Court Martial relating to bail
   7.      Appeal against ruling
   8.      Procedure for obtaining leave of court to appeal against ruling
   9.      Right of appeal against conviction or sentence
   9A.     Determination of appeals against conviction
   9AB.    Determination of appeals against sentence
   9AC.    Substitution of conviction on different charge
   9B.     Variation of conviction so as to attract different sentence
   9C.     Court may vary sentence in certain cases
   9D.     Term of sentence passed under sections 9AB, 9AC, and 9B
   9E.     Appeal against acquittal on account of insanity
   9EA.    Appeal by accused against finding relating to fitness to stand trial
   9EB.    Appeal against order for detention, release, etc
   9F.     Powers of court to acquit on account of insanity on appeal against conviction
   10.     Appeals to Court of Appeal or Supreme Court
   10A.    Appeals to Supreme Court from Court of Appeal
   10B.    Effect of appeal
   10C.    Powers and procedure of Court of Appeal and Supreme Court
   11.     Supplementary powers of the court
   12.     Right of appellant to present case in writing
   13.     Legal aid to appellants
   14.     Right of appellant to be present
   15.     Defence of appeals
   16.     Costs of appeal
   17.     Proceedings to be in open court, unless it is necessary to clear the court
   18.     Suspension of death sentence
   19.     Court may make an order for the payment of compensation or restitution of property
   19A.    Suspension of compensation and restitution orders, etc
   20.     Person not to be tried again if conviction quashed
   20A.    Judge may grant bail pending appeal
   20B.    Issue of warrant to arrest appellant absconding or breaching bail condition
   20C.    Appellant arrested under warrant for absconding or breaching bail condition must be brought before Judge
   21.     Removal of prisoners for purposes of proceedings under this Act
   22.     Furnishing, on appeal, documents relating to trial
   23.     Duties of Registrar with respect to appeals, etc
   24.     Special references to court
   24A.    Person concerned must be informed of reference and may comment
   25.     Exercise of certain court powers by 1 Judge
   26.     Rules of court
   26A.    Regulations
   27.     Saving for prerogative of mercy
           SCHEDULE 1