Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - Further appeals

226: Second appeal court to determine appeal

You could also call this:

"A second appeal court makes the final decision on your second appeal."

Illustration for Criminal Procedure Act 2011

If you make a second appeal, a second appeal court will decide on it. The second appeal court will make its decision using the same powers as the first appeal court. The first appeal court's powers are outlined in section 221.

You can think of the second appeal court as having the same abilities as the first appeal court when it comes to making decisions. The second appeal court will use these powers to determine your second appeal. This means they can do what the first appeal court could have done when deciding your first appeal.

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225: How to commence second appeal, or

"How to start a second appeal against a court decision"


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227: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."

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

226Second appeal court to determine appeal

  1. A second appeal court must determine a second appeal under this subpart in accordance with this section.

  2. The second appeal court determines the appeal by exercising any powers that the first appeal court exercised or could have exercised in determining the first appeal under section 221.