Criminal Procedure Act 2011

Appeals - Appeals against conviction - Further appeals

237: 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, to check if something went wrong."

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime, you can appeal to a higher court. You can appeal to this higher court against the decision of the first appeal court, but only if the higher court says you can. The higher court, which is either the High Court or the Court of Appeal, will only let you appeal if they think the case is very important to everyone, or if they think something has gone wrong with the case and it needs to be looked at again. You need the court's permission to make a second appeal, and they will only give you permission if one of these conditions is met.

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236: Confirmation or substitution of sentence for another offence, or

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238: Second appeal courts, or

"What court you go to for a second appeal"

Part 6Appeals
Appeals against conviction: Further appeals

237Right of appeal against determination of first appeal court

  1. A convicted person may, with the leave of the second appeal court, appeal to that court against the determination of the person's first appeal under this subpart.

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

  3. 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.