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Criminal Procedure Act 2011

Appeals - Appeals against conviction - Further appeals

243: Further appeal from determination of second appeal by Court of Appeal

You could also call this:

"Asking the Supreme Court to review a Court of Appeal decision"

Illustration for Criminal Procedure Act 2011

If you are involved in a second appeal that the Court of Appeal has made a decision on, you can ask the Supreme Court if you can appeal to them. You need to get the Supreme Court's permission to do this. The Supreme Court will only consider your appeal if it is about a question of law.

The Supreme Court will allow your appeal if they think the Court of Appeal's decision was wrong in law, or if your appeal meets certain grounds described in section 232(2). If the Supreme Court does not think the Court of Appeal's decision was wrong, they will not allow your appeal. In this case, the Supreme Court will dismiss your appeal.

When you appeal to the Supreme Court, some other rules apply, like how to start your appeal, which is explained in section 239, and what happens if your appeal is successful, which is explained in section 241.

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Topics:
Crime and justice > Courts and legal help
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242: High Court's determination of second appeal final, or

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

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244: Convicted person's right of appeal against sentence, or

"What to do if you don't agree with your sentence after being found guilty of a crime"

Part 6Appeals
Appeals against conviction: Further appeals

243Further appeal from determination of second appeal by Court of Appeal

  1. A party to a second appeal determined under this subpart by the Court of Appeal may, with the leave of the Supreme Court, appeal under this subpart to the Supreme Court against the determination.

  2. The appeal may be brought only on a question of law.

  3. The Supreme Court must allow the appeal if satisfied that—

  4. the determination appealed against is wrong in law; and
    1. the appeal should be allowed on any of the grounds described in section 232(2).

      1. The Supreme Court must dismiss the appeal in any other case.

      2. The following provisions apply with the necessary modifications:

      3. section 239 (how to commence appeal):
        1. section 241 (orders, etc, on successful appeal).

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