Hon Annette King
Government Bill
158—3A
As reported from the committee of the whole House
Bill note
Key
1 Title
2 Commencement
3 Principal Act amended
4 Commencement
5 New sections 361D and 361E inserted
361D Judge may order trial without jury in certain cases that are likely to be long and complex
361E Judge may order trial without jury in cases involving intimidation of juror or jurors
6 Evidence and addresses
7 New heading and sections 378A to 378F inserted
Retrials of previously acquitted persons
378A Order for retrial may be granted if acquittal tainted
378B Meaning of terms used in sections 378C and 378D
378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
378D Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
378E Orders to safeguard fairness of retrial
378F Effect of order for retrial
8 Right of appeal in certain cases
8A New section 379AB inserted
379AB Appeal against decision of Court of Appeal on appeal against certain orders
9 New section 381A inserted
381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
10 Powers of Court of Appeal where appeal is on question of law
11 Right of appeal against conviction or sentence
12 New section 384A inserted
384A Jurisdiction in certain cases where appeals lie to different Courts
13 Determination of appeals in ordinary cases
14 Right of appellant to be represented and restriction on attendance
14A Judgment of Court of Appeal
15 Prerogative of mercy
15A New sections 413 to 415 inserted
413 Enactment creating offence is repealed and replaced or consolidated
414 Repealed enactment continues to have effect
415 Inconsistency with other enactment or rule of law
Amendment to Crimes Amendment Act 2005
15B Amendment to Crimes Amendment Act 2005
16 Transitional provision
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Legislative history
The Parliament of New Zealand enacts as follows: