Criminal Procedure Act 2011

251 Orders, etc, on successful first appeal

(1)

This section applies if a first appeal court allows an appeal under this subpart.

(2)

The first appeal court must, within the limits allowed by law,—

(a)

set aside the sentence and impose another sentence (whether more or less severe) that it considers appropriate; or

(b)

vary the sentence, vary any part of the sentence, or vary any condition of the sentence; or

(c)

remit the sentence to the court that imposed it and direct that court to take any action of a kind described in paragraph (a) or (b) as specified by the first appeal court.

(3)

In remitting a sentence under subsection (2)(c), the first appeal court may give the sentencing court any further directions it considers appropriate about the manner in which the specified action is to be taken by the sentencing court.

Compare: 1961 No 43 s 385(3)