Criminal Appeal
This video is about appeals in criminal cases. These are generally appeals against conviction, sentence, or another order made against you, for instance a bail condition or denial of bail.
Understanding New Zealand Law: Criminal Appeals
In New Zealand law, an appeal is a process where you seek an alternative opinion from a higher court when a case hasn't worked out in your favor. This process is typically used in two scenarios: one is against conviction, and the other is against the sentence or the order made against you, including bail orders.
The Hierarchy of Courts
The basic order of courts in New Zealand is as follows: Magistrates Court, District Court, High Court, Court of Appeal, and Supreme Court. Each higher court can review the decisions made by the lower courts.
Types of Appeals
The main appeals I deal with are related to individuals who had applied for a discharge without conviction, but the conviction was entered against them. They would like to appeal to the High Court to try to win it again.
Another common type of appeal is related to bail. If you've been declined bail at the District Court, you might want to argue that the judge was wrong and you should be granted bail. This would involve going to the High Court.
You can also appeal if you disagree with the bail conditions given to you at the District Court. You can go to the High Court and argue that those were unreasonable conditions and try to get them removed. This is particularly applicable if you're having to wait even up to a year just to get your hearing concluded.
The Appeal Process
Appeals generally have to be lodged within 28 days and can be very time-consuming. If you're in custody waiting for a bail appeal, you might even be waiting a month or longer just to get the appeal. Therefore, it's crucial to be very organized.
Reach Out for Help
If you're considering an appeal, don't hesitate to get in touch with me as soon as possible to ensure that the paperwork is filed on time and we're organized when it comes to the court day. You can Phone me on 021488367 or 0800 BUSTED (0800287833) or email me. I'm here to help you navigate this process and explore your options.
