Criminal Procedure (Interim Suppression Pending Appeal) Amendment Bill

Criminal Procedure (Interim Suppression Pending Appeal) Amendment Bill

Member's Bill

Explanatory Note

This bill amends the Criminal Procedure Act 2011 to reduce the time allowed to appeal an unsuccessful application for suppression in criminal proceedings. The time presently allowed to commence an appeal from an unsuccessful application for suppression is 20 working days, during which a judge of the court appealed from must order interim suppression. While a period of interim suppression to allow a first appeal can be justified, 20 working days is unreasonably long. The bill amends the period to 5 working days. The Court appealed to may still extend the period for filing the appeal in appropriate cases. SImilar amendments are made in respect of second appeals.

The time for appealing from a successful application for suppression is unchanged.

Criminal Procedure (Interim Suppression Pending Appeal) Amendment Bill

The Parliament of New Zealand enacts as follows:

1. Title
This Act is the Criminal Procedure (Interim Suppression Pending Appeal) Amendment Act 2019.

2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.

3. Principal Act
This Act amends the Criminal Procedure Act 2011.

4. Section 285 amended (How to commence first appeal)
Replace section 285(2) with:

(2) Except as provided in subsection (2A), a notice of appeal or notice of application for leave to appeal must be filed within 20 working days after the date of the decision appealed against.
(2A) A notice of appeal or notice of application for leave to appeal must be filed within 5 working days after the date of the decision appealed against if the decision appealed against is a refusal to make a suppression order sought by the applicant.

5. Section 286 amended (Interim suppression order pending determination of first appeal)
In section 286(3)(a), replace "section 285(2)" with "section 285(2A)".

6. Section 291 amended (How to commence second appeal)
Replace section 291(2) with:

(2) Except as provided in subsection (2A), a notice of application for leave to appeal must be filed within 20 working days after the date of the decision appealed against.
(2A) A notice of application for leave to appeal must be filed within 5 working days after the date of the decision leave is sought to appeal against, if the decision confirmed a refusal to make a suppression order sought by the applicant.

7. Section 292 amended (Interim suppression order pending determination of second appeal)
In section 292(3)(a), replace "section 285(2)" with "section 292(2A)".


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