Criminal Procedure Act 2011

Appeals - Appeals on question of law - Further appeals

303: Right of appeal against determination of first appeal court

You could also call this:

"You can appeal again to a higher court if you don't agree with the first appeal court's decision."

Illustration for Criminal Procedure Act 2011

If you are involved in a court case and you do not agree with the decision made by the first appeal court, you can ask to appeal again to a higher court. You need to get permission from the higher court to do this. The higher court, which is either the High Court or the Court of Appeal, will only let you appeal again if they think the case is very important to lots of people or if something has gone wrong with the case and it needs to be looked at again. You might get permission to appeal if the court thinks something has gone wrong and it could lead to an unfair result if it is not sorted out.

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302: How determination of appeal affects outcome of trial, or

"What happens to your trial if you appeal and how it affects the outcome."


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304: Second appeal courts, or

"Courts you can go to if you want to appeal a decision again"

Part 6Appeals
Appeals on question of law: Further appeals

303Right of appeal against determination of first appeal court

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

  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.