New Zealand Legislation: Acts

9 Right of appeal against conviction or sentence

• (1) A person convicted by the Court Martial may appeal to the court against—

  • (a) the conviction; or

  • (b) the sentence imposed for the conviction (unless the sentence is one fixed by law); or

  • (c) both.

  (2) The Director of Military Prosecutions may appeal to the court against the sentence imposed by the Court Martial, unless the sentence is one fixed by law.

  (3) An appeal under this section must be brought—

  • (a) within 21 days after the date of the decision appealed against; or

  • (b) within any further time that the court may allow.

  (4) If an appeal under subsection (2) against a sentence of imprisonment or detention is not heard before the date on which the convicted person has completed serving that sentence, the appeal—

  • (a) lapses on that date; and

  • (b) is deemed to have been dismissed by the court for non-prosecution.

  (5) For the purposes of this section, sentence includes any method of disposing of a case following conviction.

  Section 9: substituted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).