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.

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