Court Martial Appeals Act 1953

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Reprint as at 1 July 2009

Court Martial Appeals Act 1953

Public Act1953 No 100
Date of assent26 November 1953
Commencementsee section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the New Zealand Defence Force.

Contents

Title

1 Short Title and commencement

2 Interpretation

The Court Martial Appeal Court

3 Constitution of Court Martial Appeal Court

4 Supplementary provisions as to court

5 Registrar and officers of court

Appeals to the 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9C Court may vary sentence in certain cases [Repealed]

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

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13 Legal aid to appellants [Repealed]

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

Supplementary provisions as to appeals

18 Suspension of death sentence [Repealed]

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

Special references to the court

24 Special references to court

24A Person concerned must be informed of reference and may comment

Miscellaneous

25 Exercise of certain court powers by 1 Judge

26 Rules of court

26A Regulations

27 Saving for prerogative of mercy

Reprint notes

An Act to establish a Court Martial Appeal Court and to provide for appeals thereto from the Court Martial

  • Title: amended, on 1 July 2009, by section 4(2)(a) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  • Title: amended, on 1 July 2009, by section 4(2)(b) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  • Title: amended, on 22 October 2003, by section 3 of the Courts Martial Appeals Amendment Act 2003 (2003 No 68).