Court Martial Appeals Act 1953

Reprint as at 30 November 2018

Coat of Arms of New Zealand

Court Martial Appeals Act 1953

Public Act
 
1953 No 100
Date of assent
 
26 November 1953
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the New Zealand Defence Force.

Contents

Title
1Short Title and commencement
2Interpretation
2ATransitional, savings, and related provisions
2BAct binds the Crown
3Constitution of Court Martial Appeal Court
4Supplementary provisions as to court
5Registrar and officers of court
6Appeal against decision of Court Martial relating to bail
7Appeal against ruling
8Procedure for obtaining leave of court to appeal against ruling
9Right of appeal against conviction or sentence
9ADetermination of appeals against conviction
9ABDetermination of appeals against sentence
9ACSubstitution of conviction on different charge
9BVariation of conviction so as to attract different sentence
9CCourt may vary sentence in certain cases [Repealed]
9DTerm of sentence passed under sections 9AB, 9AC, and 9B
9EAppeal against acquittal on account of insanity
9EAAppeal by accused against finding relating to fitness to stand trial
9EBAppeal against order for detention, release, etc
9FPowers of court to acquit on account of insanity on appeal against conviction
10Appeals to Court of Appeal or Supreme Court
10AAppeals to Supreme Court from Court of Appeal
10BEffect of appeal
10CPowers and procedure of Court of Appeal and Supreme Court
11Supplementary powers of the court
12Right of appellant to present case in writing
13Legal aid to appellants [Repealed]
14Right of appellant to be present
15Defence of appeals
16Costs of appeal
17Proceedings to be in open court, unless it is necessary to clear the court
18Suspension of death sentence [Repealed]
19Court may make an order for the payment of compensation or restitution of property
19ASuspension of compensation and restitution orders, etc
20Person not to be tried again if conviction quashed
20AJudge may grant bail pending appeal
20BIssue of warrant to arrest appellant absconding or breaching bail condition
20CAppellant arrested under warrant for absconding or breaching bail condition must be brought before Judge
21Removal of prisoners for purposes of proceedings under this Act
22Furnishing, on appeal, documents relating to trial
23Duties of Registrar with respect to appeals, etc
24Special references to court
24APerson concerned must be informed of reference and may comment
25Exercise of certain court powers by 1 Judge
26Rules of court
26ARegulations
27Saving 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).