Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - Further appeals

223: Right of appeal against determination of first appeal court

You could also call this:

"You can appeal again if a higher court says you can, after the first appeal court makes a decision."

Illustration for Criminal Procedure Act 2011

If you are the defendant or the prosecutor, you can appeal to a second court against a decision made by the first appeal court under section 215 or section 217, but only if the second court says you can. You need to ask the second court for permission to appeal, and they will only say yes if they think it is necessary. The second court will consider your request if the case is important to many people or if something has gone wrong with the justice system.

If you are the defendant, you can also appeal to the second court against a decision made under section 218, but again, you need to ask for permission first. The High Court or the Court of Appeal will only give you permission if they think the case is important or if something has gone wrong with the justice system. They must be satisfied that the appeal is necessary before they will let it happen.

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"The court can still start or continue your trial while your appeal is being decided if it's fair to do so."


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224: Second appeal courts, or

"Which court to go to for a second appeal"

Part 6Appeals
Appeals against pre-trial decisions: Further appeals

223Right of appeal against determination of first appeal court

  1. The defendant or the prosecutor may, with the leave of the second appeal court, appeal to that court against the determination of an appeal under section 215 or 217.

  2. The defendant may, with the leave of the second appeal court, appeal to that court against the determination of an appeal under section 218.

  3. The High Court or the Court of Appeal must not give leave for a second appeal under this subpart unless satisfied that—

  4. the appeal involves a matter of general or public importance; or
    1. a miscarriage of justice may have occurred, or may occur unless the appeal is heard.