1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 44

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1988 Ed.]

Criminal Procedure

[CAP. 221

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(a) be in writing signed by the Attorney General;

(b) be accompanied by the documents, or copies of the documents,

specified in subsection (2A);

(c) be filed with the Registrar within 21 days, or within such further time as the Court of Appeal may allow, after the date on which the sentence was passed or any proceedings for the review, under section 104 of the Magistrates Ordinance (Cap. 227), of the sentence or of the conviction on which the sentence was passed, were withdrawn or disposed of. (Amended, 20 of 1979, s. 4)

(2A) The following documents are specified for the purpose of subsec- tion (2)(b)—

(a) in the case of a sentence passed by a magistrate, a statement of the facts found by him or admitted before him and of the reasons for the sentence;

(b) in the case of a sentence passed by a District Judge, the statement of

the reasons for the verdict placed on record in accordance with sec- tion 80 of the District Court Ordinance (Cap. 336) and a statement of the reasons for the sentence;

(c) in the case of a sentence passed by a judge of the Supreme Court, the record of the whole of the proceedings before him other than the evidence given in any trial that took place in those proceedings; (d) in any case, any report concerning the respondent which was before

the court which passed the sentence. (Added, 20 of 1979, s. 4) (2B) The documents, or copies of the documents, specified in subsec- tion (2A) shall be delivered to the Attorney General within 7 days of a request therefor being made in writing to the magistrate or District Judge who passed the sentence or, if the sentence was passed by a judge of the Supreme Court, to the Registrar. (Added, 20 of 1979, s. 4)

(3) The Court of Appeal may order a respondent to be detained in custody until an order has been made under section 81B(1).

(4) The Court of Appeal may, if it seems fit, on the application of a respondent, admit the respondent to bail pending the hearing of the application.

(5) The Court of Appeal may, if it refuses an application, award against the Attorney General such amount of costs as it may determine, save that the amount shall not, if the respondent is legally aided, exceed the total of the contributions which he is liable to make.

(6) In this section and sections 81B and 81C-

"respondent” means a person on whom a sentence has been passed.

(Added, 18 of 1972, s. 2. Amended, 20 of 1979, s. 4) [cf. N.Z. Crimes Act 1961, s. 383]

Review of sentence by Court of Appeal

81B. (1) Upon the hearing of the application the Court of Appeal may, by order

(a) if it thinks that the sentence was not authorized by law, was wrong in principle or was manifestly excessive or manifestly inadequate, quash

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