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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial or rehearing if defendant found guilty or sentenced in his or her absence

128: Effect of application for retrial or rehearing on rights of appeal

You could also call this:

"What happens to your right to appeal if you ask for a retrial or rehearing?"

Illustration for Criminal Procedure Act 2011

If you apply for a retrial of a charge under section 125, you cannot appeal your conviction unless your application is denied. You have to wait until you know if you can have a retrial. If you apply for a rehearing under section 126, you cannot appeal your sentence unless your application is denied.

When you make an application for a retrial or rehearing under section 125 or section 126, the time you have to file an appeal under Part 6 is put on hold until your application is decided.

If you do get a retrial or rehearing and you are convicted, sentenced, or given an order again, you can still appeal that new decision, and the rules in the first two points do not affect your right to do so.

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Part 5General provisions
Conduct of proceeding: Retrial or rehearing if defendant found guilty or sentenced in his or her absence

128Effect of application for retrial or rehearing on rights of appeal

  1. A defendant who applies for a retrial of a charge under section 125 must not appeal his or her conviction unless that application for a retrial is denied.

  2. A defendant who applies for a rehearing under section 126 must not appeal his or her sentence unless that application for a rehearing is denied.

  3. If an application for a retrial or rehearing is made under section 125 or 126, the time period for filing an appeal under Part 6 is suspended until the application is determined.

  4. Subsections (1) and (2) do not limit any right of appeal in relation to a further conviction, sentence, or order entered, imposed, or made at the defendant's retrial or rehearing.