Crimes Act 1961
Sections and provisions with full text and the judgments that cite each one.
Section 394 — Evidence for appellate courts
394 Evidence for appellate courts (1) On any appeal or application for leave to appeal under this Act the Court before which the appellant was convicted shall, if it thinks necessary or if the Court…
Section 395 — Right of appellant to be represented, and restriction on attendance
395 Right of appellant to be represented, and restriction on attendance (1) At the hearing of an appeal, or an application for leave to appeal, or on any proceedings preliminary or incidental to an…
Section 396 — Power to forbid report of proceedings, etc
396 Power to forbid report of proceedings, etc [Repealed] Section 396 was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “…
Section 397 — Granting of bail to appellant, and custody pending appeal
397 Granting of bail to appellant, and custody pending appeal [Repealed] Subsection (1) was repealed, as from 1 October 1985, by section 13(1) Crimes Amendment Act (No 2) 1985 (1985 No 121).…
Section 398 — Judgment of Court of Appeal
398 Judgment of Court of Appeal (1) [Repealed] (2) Every judgment of the Court of Appeal on an appeal or application under this Part (other than one relating to a preliminary or incidental matter)…
Section 399 — Intermediate effects of appeal
399 Intermediate effects of appeal (1) Except as otherwise provided in this Act or in rules of Court, no sentence shall be suspended by reason of any appeal under this Part of this Act, unless the…
Section 400 — Consent of Attorney-General to proceedings in certain cases for offences on ships or aircraft
400 Consent of Attorney-General to proceedings in certain cases for offences on ships or aircraft (1) No information shall, by virtue only of the provisions of this Act, be laid against any person…
Section 401 — Contempt of Court
401 Contempt of Court (1) If any person— (a) Assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the Court, or any juror, or any witness, during his…
Section 402 — Costs
402 Costs [Repealed] Section 402 was repealed, as from 1 April 1968, by section 14(2) Costs in Criminal Cases Act 1967 (1967 No 129).
Section 403 — Compensation for loss of property
403 Compensation for loss of property [Repealed] Section 403 was repealed, as from 1 October 1985, by section 15(1) Crimes Amendment Act (No 2) 1985 (1985 No 121).
Section 404 — Restitution of property
404 Restitution of property (1) Where any one is convicted of any offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the Court to be…
Section 405 — Civil remedy not suspended
405 Civil remedy not suspended No civil remedy for any act or omission shall be suspended by reason that such act or omission amounts to an offence. Compare: 1908 No 32 s 355
Section 406 — Prerogative of mercy
406 Prerogative of mercy Nothing in this Act shall affect the prerogative of mercy, but the Governor-General in Council, on the consideration of any application for the exercise of the mercy of the…
Section 406A — Appeals against decisions made on references
406A Appeals against decisions made on references (1) With the leave of the court appealed to, a party to proceedings in which the High Court heard and determined a question referred to it under…
Section 407 — Effect of free pardon
407 Effect of free pardon Where any person convicted of any offence is granted a free pardon by Her Majesty, or by the Governor-General in the exercise of any powers vested in him in that behalf,…
Section 408 — Act to bind the Crown
408 Act to bind the Crown This Act shall bind the Crown.
Section 409 — Rules of Court
409 Rules of Court (1) There may be made under the Judicature Act 1908 rules of Court regulating the practice and procedure in proceedings under this Act in the Supreme Court, the Court of Appeal,…
Section 410 — Regulations
410 Regulations (1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions…
Section 411 — Consequential amendments
411 Consequential amendments (1) The enactments specified in Schedule 3 to this Act are hereby amended in the manner indicated in that Schedule. (2) Every reference in any other enactment— (a) To a…
Section 412 — Repeals and savings
412 Repeals and savings (1) As from the commencement of this Act the enactments specified in Schedule 4 to this Act shall cease to have effect as part of the law of New Zealand. (2) The enactments…
Section 413 — Enactment creating offence is repealed and replaced or consolidated
413 Enactment creating offence is repealed and replaced or consolidated Section 414 applies if— (a) an enactment that forms a part of this Act and that creates an offence is repealed and is replaced…
Section 414 — Repealed enactment continues to have effect
414 Repealed enactment continues to have effect (1) The repealed enactment referred to in section 413(a) continues to have effect for the purposes of the proceedings. (2) The defendant may be found…
Section 415 — Inconsistency with other enactment or rule of law
415 Inconsistency with other enactment or rule of law If sections 413 and 414 are inconsistent with any other enactment or rule of law, sections 413 and 414 prevail over that enactment or rule of…