Criminal Procedure Act 2011

Appeals - Appeals against sentence - Further appeals

257: Orders, etc, on successful second appeal

You could also call this:

"What happens if you win a second appeal in court"

Illustration for Criminal Procedure Act 2011

If a second appeal court says a second appeal is allowed, this section is used. You need to know what happens when this occurs. The second appeal court can make decisions that the first appeal court could have made if the first appeal was allowed.

The second appeal court has the power to do what the first appeal court could do. This means the second appeal court can make the same decisions. It can also make decisions that the first appeal court had the power to make but did not use.

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256: Second appeal court to determine appeal, or

"A higher court decides if your sentence is fair when you appeal again."


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258: 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 sentence: Further appeals

257Orders, etc, on successful second appeal

  1. This section applies if a second appeal court allows a second appeal under this subpart.

  2. The second appeal court may exercise any powers that the first appeal court exercised or could have exercised under this subpart if it had allowed the first appeal.