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Criminal Procedure Act 2011

Appeals - Further provisions - Solicitor-General

322: Duty of Solicitor-General

You could also call this:

"The Solicitor-General's job is to represent the government in important court appeals."

Illustration for Criminal Procedure Act 2011

The Solicitor-General has to represent the Crown in certain appeals. You will see the Solicitor-General in appeals to the Court of Appeal or the Supreme Court when someone is appealing a conviction or sentence. The Solicitor-General must be at every hearing where people are making oral submissions in these appeals.

The Solicitor-General has to be involved in appeals to the Court of Appeal and the Supreme Court. You can expect to see the Solicitor-General at hearings for these appeals, especially when someone is asking to appeal a decision. The Solicitor-General's role is important in these cases.

The Solicitor-General can ask another lawyer to do their job in these cases. However, the Solicitor-General does not have to be involved if it is a private prosecution, which is a different type of case. If you want to compare this to an earlier law, you can look at s 390 of a 1961 law.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 6Appeals
Further provisions: Solicitor-General

322Duty of Solicitor-General

  1. The Solicitor-General must represent the Crown on the following appeals under this Part:

  2. every first appeal to the Court of Appeal against conviction or sentence and every further appeal to the Supreme Court against a decision of the Court of Appeal; and
    1. every first appeal to the Supreme Court against conviction or sentence.

      1. The Solicitor-General must appear at every hearing involving oral submissions on the following appeals or applications for leave to appeal under this Part:

      2. every first appeal to the Court of Appeal and every further appeal to the Supreme Court against a decision of the Court of Appeal:
        1. every first appeal to the Supreme Court.

          1. The Solicitor-General's duties under this section—

          2. may be performed by any lawyer employed or instructed by the Solicitor-General; and
            1. do not apply in the case of a private prosecution.

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