New Zealand Legislation: Acts

7 Appeal against ruling

• (1) This section applies to a ruling given by a Judge of the Court Martial on a question of law or procedure that arises during proceedings in that court.

  (2) Either the Director of Military Prosecutions or the accused may, with the leave of the court obtained in accordance with section 8, appeal to the court against a ruling to which this section applies.

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

  • (a) confirm the ruling; or

  • (b) vary the ruling; or

  • (c) set the ruling aside.

  (4) If subsection (3)(c) applies, the court may make any other ruling that—

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

  • (b) the court thinks appropriate.

  (5) In this section, question of law includes any question arising in respect of—

  • (a) a plea to the general jurisdiction of the Court Martial:

  • (b) a plea in bar of trial:

  • (c) an application for the separation of trials:

  • (d) an application for the severance of charge sheets:

  • (e) an application for the severance of charges:

  • (f) a submission that there is no case to answer:

  • (g) the admissibility of evidence:

  • (h) an application for a ruling referred to in section 30(2)(a) of the Court Martial Act 2007:

  • (i) an application for an order specified in section 39(2) of the Court Martial Act 2007:

  • (j) an order under any of sections 139 to 141 of the Criminal Justice Act 1985 (as applied to proceedings under the Armed Forces Discipline Act 1971 by section 145 of that Act):

  • (k) an application for discovery.

  Section 7: substituted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).