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Criminal Procedure Act 2011

Appeals - Further provisions - Rights of representation and attendance at hearing of appeal or application for leave to appeal

326: Right of attendance at hearing

You could also call this:

"Going to court when you're appealing a decision: what you need to know about attending a hearing"

Illustration for Criminal Procedure Act 2011

If you are involved in an appeal or applying for leave to appeal, this section applies to you. You can make your case in writing if you are in custody, instead of speaking in person. The court can make decisions about your sentence even if you are not there.

If you are in custody, you are not automatically allowed to attend a hearing where people will be speaking. The court must give you permission to be there. You can still present your case or argument in writing.

The court has the power to decide on your sentence, and they can do this even if you are not present. You can look at s 395(1A)–(3) for more information on similar rules from the past. This is part of the rules about appeals and applications for leave to appeal.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 6Appeals
Further provisions: Rights of representation and attendance at hearing of appeal or application for leave to appeal

326Right of attendance at hearing

  1. This section applies to appeals and applications for leave to appeal under this Part.

  2. A party who is in custody is not entitled to be present at a hearing involving oral submissions unless the court gives leave for him or her to be present.

  3. However, a party who is in custody is entitled to present his or her case or argument in writing instead of by oral argument.

  4. The power of the appeal court to impose any sentence under this Part may be exercised in the absence of a party.

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