Criminal Procedure Act 2011

Appeals - Appeals against decisions on costs orders - Further appeals

276: Right of appeal against determination of first appeal court

You could also call this:

"You can appeal again if a first appeal decision is wrong or affects many people."

Illustration for Criminal Procedure Act 2011

If you were part of a first appeal, you can appeal again to a second court, but only if they let you. You need to ask the second court, like the High Court or the Court of Appeal, for permission to appeal. They will only say yes if they think the appeal is very important to lots of people or if something has gone wrong with the law.

The court must be satisfied that the appeal is about something that affects many people or that something has gone seriously wrong with the case. This means they think either a lot of people will be impacted by the decision or that someone might be treated unfairly if the appeal is not heard. You have to show the court one of these reasons to get permission to appeal again.

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275: Appeal not to suspend trial, or

"The trial can keep going even if someone appeals a decision about court costs."


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277: Second appeal courts, or

"Courts you can appeal to again if you're not happy with a decision"

Part 6Appeals
Appeals against decisions on costs orders: Further appeals

276Right of appeal against determination of first appeal court

  1. Any party to a first appeal under this subpart may, with the leave of the second appeal court, appeal to that court against the determination of the 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.