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Criminal Procedure Act 2011

Appeals - Appeals against decisions on costs orders - Further appeals

281: Further appeal from determination of Court of Appeal

You could also call this:

"You can ask the Supreme Court to review a Court of Appeal decision if they think it's wrong according to the law."

Illustration for Criminal Procedure Act 2011

If you are a party to a case and the Court of Appeal has made a decision, you can appeal to the Supreme Court, but only if they give you permission. You can only appeal on a question of law, which means you think the Court of Appeal got the law wrong. To start the appeal process, you follow the rules set out in Section 278, but with some changes to fit your situation.

The Supreme Court will only let you appeal if they think the Court of Appeal's decision was wrong according to the law. When the Supreme Court hears your appeal, they have the same powers as a court hearing a first appeal. This means they can make decisions about your case, but they must follow the rules about allowing appeals.

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Topics:
Crime and justice > Courts and legal help
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"The High Court's decision on a second appeal is final and cannot be changed."

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282: Interpretation, or

"What special words and phrases mean in this part of the law"

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

281Further appeal from determination of Court of Appeal

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

  2. An appeal under this subpart against a determination of a second appeal by the Court of Appeal may be brought only on a question of law.

  3. Section 278 (how to commence appeal) applies with necessary modifications.

  4. The Supreme Court may allow an appeal only if satisfied that the determination appealed against is wrong in law.

  5. The Supreme Court has the same powers as a first appeal court has to determine a first appeal under this subpart, subject to subsection (4).