Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - First appeals

287: First appeal court to determine appeal

You could also call this:

"The first appeal court decides what happens next with your appeal."

Illustration for Criminal Procedure Act 2011

When you appeal a decision, the first appeal court looks at your case. The court can confirm the original decision, which means they agree with it. They can also vary the decision, which means they change it in some way.

The court has another option, which is to set aside the decision, meaning they cancel it. They can also make a different order that they think is appropriate in your situation. You will have to wait for the court to make a decision on your appeal.

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286: Interim suppression order pending determination of first appeal, or

"A temporary order to help you while you wait for a court to decide your appeal about suppressing information."


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288: Trial court may allow trial to proceed, or

"The court can start or continue your trial even if you're appealing a decision."

Part 6Appeals
Appeals against suppression orders: First appeals

287First appeal court to determine appeal

  1. A first appeal court must determine a first appeal by—

  2. confirming the decision appealed against; or
    1. varying the decision appealed against; or
      1. setting aside the decision appealed against; or
        1. making any other order it considers appropriate.