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Criminal Procedure Act 2011

Appeals - Appeals on question of law - Further appeals

307: Orders, etc, on successful second appeal

You could also call this:

"What happens when you win a second appeal in court"

Illustration for Criminal Procedure Act 2011

If a second appeal court says a second appeal is allowed, this section is used. You need to know what happens when this section is used. The second appeal court can make any decision that the first appeal court could have made if the first appeal was allowed.

The second appeal court has the power to do what the first appeal court could do. This means the second appeal court can make the same decisions as the first appeal court. The second appeal court can exercise this power when it allows a second appeal.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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306: Second appeal court to determine appeal, or

"A higher court decides your second appeal"

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308: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."

Part 6Appeals
Appeals on question of law: Further appeals

307Orders, etc, on successful second appeal

  1. This section applies if a second appeal court allows a second appeal under this subpart.

  2. The second appeal court may exercise any power that the first appeal court could have exercised under this subpart if it had allowed the first appeal.