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New Zealand Legislation: Acts

Acts are laws made by Parliament

Courts Martial Appeals Act 1953

Public Act	1953 No 100
Date of assent	26 November 1953

Contents

1 Short Title and commencement

2 Interpretation

The Courts Martial Appeal Court

3 Constitution of Courts Martial Appeal Court

4 Supplementary provisions as to Court

5 Registrar and officers of Court

Appeals to the Court

6 Right of appeal from court martial

7 Application for leave to appeal

8 Determination of appeals in ordinary cases

9 Adjustment of sentence in case of conviction on 2 or more charges

9A Substitution of conviction on different charge

9B Variation of conviction so as to attract different sentence

9C Court may vary sentence in certain cases

9D Term of sentence passed under sections 9, 9A, 9B, and 9C

9E Appeal against acquittal on account of insanity

9EA Appeal by accused against finding relating to fitness to stand trial

9F Powers of Court to acquit on account of insanity on appeal against conviction

10 Appeals to Court of Appeal

10A Appeals to Supreme Court from Court of Appeal

10B Direct appeals to Supreme Court in exceptional circumstances

10C Powers and procedure of Court of Appeal and Supreme Court

11 Supplementary powers of the Court

12 Right of appellant to present his case in writing

13 Legal aid to appellants

14 Right of appellant to be present

15 Defence of appeals

16 Costs of appeal

17 Proceedings to be in open Court, unless it is necessary to clear the Court

Supplementary provisions as to appeals

18 Suspension of death sentence [Repealed]

19 Court may make an order for the payment of compensation or restitution of property

19A Suspension of compensation and restitution orders, etc

20 Person not to be tried again where conviction is quashed

21 Removal of prisoners for purposes of proceedings under this Act

22 Furnishing, on appeal, of documents relating to trial

23 Duties of Registrar with respect to appeals, etc

Special references to the Court

24 Special references to the Court

25 Exercise of certain powers of the Court by a Judge thereof

26 Rules of Court

26A Regulations

27 Saving for prerogative of mercy

An Act to establish a Courts Martial Appeal Court and to provide for appeals thereto from courts martial

The Title of this Act was amended, as from 22 October 2003, by section 3 Courts Martial Appeals Amendment Act 2003 (2003 No 68) by omitting the words “and certain naval disciplinary courts”.