Criminal Procedure Act 2011

Appeals - Appeals against sentence - Further appeals

253: Right of appeal against determination of first appeal court

You could also call this:

"You can appeal again to a higher court if they say it's okay and it's a very important case."

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime, you can appeal to a higher court against the decision of the first appeal court, but only if the higher court says you can. The prosecutor can also appeal to the higher court against their own first appeal decision, with the higher court's permission. You or the prosecutor need to get permission from the High Court or the Court of Appeal to make a second appeal.

The High Court or the Court of Appeal will only let you make a second appeal if they think it is about something important that affects lots of people, or if they think something has gone wrong with the case and it needs to be looked at again. This means the court must be satisfied that the appeal is very important or that someone might be treated unfairly if the appeal is not heard. The court has to consider these things before they decide whether to let you make a second appeal.

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252: Defendant may not withdraw guilty plea after sentence imposed on appeal, or

"You can't change your guilty plea after appealing a sentence, unless the appeal court says it's fair."


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254: Second appeal courts, or

"Courts you can go to if you want to appeal a decision again"

Part 6Appeals
Appeals against sentence: Further appeals

253Right 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 a first appeal by that person or the prosecutor under this subpart in respect of the person's sentence.

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

  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.