New Zealand Legislation: Acts

6 Appeal against decision of Court Martial relating to bail

• (1) This section applies to a decision made by a Judge of the Court Martial to—

  • (a) grant or refuse bail to a person in custody under the Armed Forces Discipline Act 1971; or

  • (b) impose or substitute or revoke or vary any condition of bail; or

  • (c) refuse to impose any condition of bail or any particular condition of bail; or

  • (d) refuse to vary or revoke any condition of bail.

  (2) Either the Director of Military Prosecutions or the accused may appeal to the court against a decision to which this section applies—

  • (a) within 21 days after the date of the decision; or

  • (b) within any further time that the court may allow.

  (3) For the purposes of an appeal under this section, the failure of a Judge of the Court Martial to impose any condition of bail, or any particular condition of bail, on any occasion on which the condition could lawfully have been imposed is deemed to be a refusal to impose the condition.

  (4) On an appeal under this section, the court may—

  • (a) confirm the decision; or

  • (b) vary the decision; or

  • (c) set the decision aside.

  (5) If subsection (4)(c) applies, the court may make any other decision that—

  • (a) could have been made in the first place; and

  • (b) the court thinks appropriate.

  Section 6: substituted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 6(4): added, on 7 July 2010, by section 4 of the Court Martial Appeals Amendment Act 2010 (2010 No 58).

  Section 6(5): added, on 7 July 2010, by section 4 of the Court Martial Appeals Amendment Act 2010 (2010 No 58).