Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - Further appeals

289: Right of appeal against determination of first appeal court

You could also call this:

"You can appeal again if a first appeal doesn't go your way, but you need a second court's permission."

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 everyone, or if something might have gone wrong with the first appeal.

The court must be satisfied that the appeal is about something that affects lots of people, or that something might have gone wrong with the first appeal. This means they think something very important is at stake, or that someone might not get a fair deal unless they hear the appeal. You have to get the court's permission before you can make a second appeal.

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


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290: Second appeal courts, or

"Which court you go to for a second appeal"

Part 6Appeals
Appeals against suppression orders: Further appeals

289Right 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.