The Ministry may appeal the following decisions of a Court
- A pre-trial ruling (with leave of the Court)
- A sentence imposed
- A ruling by the trial Court (on a question of law, with leave of the Court)
- Costs order.
However, under the Cabinet Directions on the Conduct of Crown Legal Business 2012 and the Solicitor General’s (SG) Prosecution Guidelines, the Ministry (or a Crown Prosecutor) must obtain the Solicitor-General’s consent to appeal any decision of a court.
Before the Ministry requests the Solicitor General’s consent to an appeal in any given case, it will first review the matter and obtain legal advice (whether internally or from a Crown Prosecutor) on whether an appeal is in accordance with the SG’s Prosecution Guidelines.