New Zealand Legislation: Acts

6 Appeals by protected persons

• (1) Where a protected prisoner of war or a protected internee has been sentenced by a Court to imprisonment for a term of 2 years or more, the time allowed in relation to the institution of an appeal or an application for leave to appeal against the conviction or sentence shall, notwithstanding anything to the contrary in any other enactment, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of 28 days after the date on which the convicted person receives a notice that the protecting power has been notified of his conviction and sentence, being a notice given,—

  • (a) In the case of a protected prisoner of war, by an officer of the New Zealand armed forces; or

  • (b) In the case of a protected internee, by or on behalf of the person in charge of the prison or place in which he is confined.

  (2) [Repealed]

  (3) Where subsection (1) of this section applies in relation to a convicted person, then, unless the Court otherwise orders, an order of the Court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his conviction or sentence is possible.

  (4) Subsections (1) and (2) of this section shall not apply in relation to an appeal against a conviction or sentence if, at the time of the conviction or sentence, there is no protecting power.

  (5) [Repealed]

  (6) [Repealed]

  Subsection (1) was amended, as from 17 May 2005, by section 4(1) Geneva Conventions Amendment Act 2005 (2005 No 54) by omitting the words “to death or”.

  Subsection (2) was repealed, as from 1 December 1983, by section 208(1) Armed Forces Discipline Act 1971 (1971 No 53).

  Subsections (5) and (6) were repealed, as from 17 May 2005, by section 4(2) Geneva Conventions Amendment Act 2005 (2005 No 54).