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Criminal Procedure Act 2011

Appeals - Further provisions - Procedure for determining jurisdiction where appeals lie to different appeal courts

320: Meaning of related right of appeal

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"What a 'related right of appeal' means in the law"

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When you are talking about a right of appeal, you need to know what a related right of appeal is. This term is used in relation to section 321. A related right of appeal is a right to appeal to a higher court, like the High Court or the Supreme Court, for something that is connected to the original appeal.

If you are a person who has been convicted of a crime and you are appealing to the Court of Appeal, a related right of appeal means you can appeal to the High Court or the Supreme Court for a crime that happened at the same time as the crime you are appealing. You can also appeal for a crime that you were sentenced for at the same time as the sentence you are appealing. If you are appealing against your conviction, you can appeal to the High Court or the Supreme Court against your sentence.

If the prosecutor is appealing against your sentence, a related right of appeal means they can appeal to the High Court or the Supreme Court for a crime that happened at the same time as the crime they are appealing. They can also appeal for a crime that you were sentenced for at the same time as the sentence they are appealing. You can also appeal to the High Court against a decision to suppress information about your conviction.

A suppression decision is when a court decides to hide or show information about your case, as explained in section 282 and section 208. This can include making, refusing, changing, or cancelling an order to hide information.

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Part 6Appeals
Further provisions: Procedure for determining jurisdiction where appeals lie to different appeal courts

320Meaning of related right of appeal

  1. For the purpose of section 321, related right of appeal,—

  2. in relation to a first appeal by a convicted person to the Court of Appeal against conviction or sentence, means a right of appeal to the High Court or the Supreme Court against conviction or sentence for—
    1. an offence that arises from the same incident or series of incidents as the offence to which the appeal to the Court of Appeal relates; or
      1. an offence for which the convicted person was sentenced on the same occasion as that on which the sentencing court imposed the sentence to which the appeal to the Court of Appeal relates:
      2. in relation to a first appeal by a convicted person to the Court of Appeal against conviction, means a right of appeal to the High Court or the Supreme Court against the sentence for the offence to which the appeal to the Court of Appeal relates:
        1. in relation to a first appeal by the prosecutor to the Court of Appeal against sentence, means a right of appeal to the High Court or the Supreme Court against sentence for—
          1. an offence that arises from the same incident or series of incidents as the offence to which the prosecutor’s appeal to the Court of Appeal relates; or
            1. an offence for which the convicted person was sentenced on the same occasion as that on which the sentencing court imposed the sentence to which the prosecutor’s appeal to the Court of Appeal relates:
            2. in relation to a first appeal by the convicted person to the Court of Appeal against conviction or sentence or a first appeal by the prosecutor to the Court of Appeal against sentence, means a right of appeal to the High Court against a suppression decision made on conviction for the offence to which the convicted person’s appeal to the Court of Appeal relates.

              1. In subsection (1)(d), suppression decision means a decision—

              2. to make or refuse to make a suppression order within the meaning of section 282; or
                1. to renew, vary, or revoke a suppression order under section 208.

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