Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - Further appeals

295: Further appeal from determination of Court of Appeal

You could also call this:

"Appealing to the Supreme Court if you think the Court of Appeal got the law wrong"

Illustration for Criminal Procedure Act 2011

If you are a party to a second appeal that the Court of Appeal has made a decision on, you can appeal to the Supreme Court with their permission. You can only appeal on a question of law, which means you think the Court of Appeal made a mistake in how they understood the law. The rules for starting an appeal, which are outlined in sections 291 and 292, also apply to this type of appeal.

The Supreme Court will only allow your appeal if they think the Court of Appeal's decision was wrong in law. The Supreme Court has the power to make decisions on your appeal, just like a first appeal court would. They can do this as long as they follow the rules about being satisfied that the original decision was wrong in law.

When the Supreme Court makes a decision on your appeal, they have to follow the same rules they would for a first appeal, except for the rule about being satisfied the decision was wrong in law. This means the Supreme Court can make decisions on your appeal in the same way a first appeal court would, but only if they think the original decision was wrong. You should look at the specific rules for more information on how this works.

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294: Determination of High Court final, or

"The High Court's decision is final and cannot be appealed again."


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296: Right of appeal, or

"When you disagree with a court decision, you can ask a higher court to check if the law was applied correctly"

Part 6Appeals
Appeals against suppression orders: Further appeals

295Further appeal from determination of Court of Appeal

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

  2. The appeal may be brought only on a question of law.

  3. Sections 291 (how to commence appeal) and 292 (interim suppression order) apply 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).