Fifty Years of Criminal Appeals in the Permanent Court of Appeal

Rick Bigwood (ed) The Permanent New Zealand Court of Appeal: Essays on the First 50 years (Hart Publishing, Oxford, 2009) pp 73-97

25 Pages Posted: 7 Mar 2015

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: 2009

Abstract

This chapter asks a series of questions about certain aspects of the work and the changing structure of the Court of Appeal of New Zealand in the last 50 years, including in 1979 the establishment of a separate Criminal Division, whose effect was intended to relieve the Court of a substantial amount of criminal appellate work. The chapter offers an evaluation of the overarching question whether the Court has accomplished the tasks and fulfilled the expectations that the original proponents held for it, and poses questions such as whether the leave to appeal requirement should be reinstated, whether the grounds for which the Court should be granted an appeal should be altered, and whether there should be a Criminal Cases Review Commission, or some such tribunal of last resort in criminal cases.

Keywords: New Zealand, Court of Appeal, Criminal Cases Review Commission

JEL Classification: K14, K40

Suggested Citation

Smith, A. T. H., Fifty Years of Criminal Appeals in the Permanent Court of Appeal (2009). Rick Bigwood (ed) The Permanent New Zealand Court of Appeal: Essays on the First 50 years (Hart Publishing, Oxford, 2009) pp 73-97, Available at SSRN: https://ssrn.com/abstract=2574070

A. T. H. Smith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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