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Criminal Procedure Act 2011

Appeals - Further provisions - How appeals to be heard

329: Hearings in Court of Appeal or Supreme Court

You could also call this:

"What happens when you appeal to a higher court, like the Court of Appeal or Supreme Court"

Illustration for Criminal Procedure Act 2011

When you appeal to the Court of Appeal or the Supreme Court, you usually have a hearing where people talk to the court. But the court can decide to make a decision just by reading the written information if it thinks that is fair. The court considers things like whether you had a lawyer to help you, whether you got all the important documents, how serious the crime was, and whether the issues are complicated. The court can also make this decision if both you and the other party agree to it, or if the court thinks your appeal will clearly succeed or fail.

If a Judge of the Court of Appeal decides how your appeal will be heard, they can do it alone, but they cannot change a decision that has already been made by the whole court. When the court decides to make a decision just by reading the written information, it must put its decision in writing, explain why it made that decision, and give it to you through the Registrar. You can look at s 392A(1)–(4) to compare with an earlier law.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Going to the District or High Court to ask for an appeal"

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Part 6Appeals
Further provisions: How appeals to be heard

329Hearings in Court of Appeal or Supreme Court

  1. An appeal under this Part to the Court of Appeal or the Supreme Court must be dealt with by way of a hearing involving oral submissions unless the court directs that the appeal be determined just on the basis of written material.

  2. The court may at any time direct that an appeal be determined just on the basis of written material provided to it if—

  3. the court is satisfied that the appeal can fairly be determined on that basis, having regard to the following:
    1. whether the parties have been assisted by counsel in preparing the appeal:
      1. whether the parties have been provided with copies of the relevant trial documentation:
        1. the gravity of the offence:
          1. the nature and complexity of the issues raised by the appeal:
            1. whether evidence should be called:
              1. any relevant cultural or personal factors; and
              2. either the appeal has no realistic prospect of success or should clearly be allowed.

                1. The court may at any time direct that an appeal be determined just on the basis of written material provided to it if both parties agree that the appeal should be determined on that basis.

                2. A Judge of the Court of Appeal, acting alone, may decide how a particular appeal is to be heard, but no Judge acting alone may reverse a decision of the court on how an appeal is to be heard.

                3. A decision to deal with an appeal just on the basis of written material must be in writing, be accompanied by reasons, and be provided by the Registrar to the parties.

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