JUSTICES ACT 1902 - SECT 104 When an appeal can be made by a defendant or other person

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 104

104 When an appeal can be made by a defendant or other person

(1) Appeals by defendants A person against whom any conviction or order was made, or sentence was imposed, by a Magistrate in summary proceedings may appeal under this Division to the Supreme Court on any of the following grounds:

(a) a ground that involves a question of law alone,

(b) a ground that involves a question of mixed law and fact, but only with the leave of the Supreme Court,

(c) the ground that the conviction, order or sentence cannot be supported having regard to the evidence.

This subsection does not apply in respect of an order that is made in relation to committal proceedings or an interlocutory order.

(2) Appeals by informants An informant may appeal under this Division to the Supreme Court against the following, on a ground that involves a question of law alone:

(a) an order made by a Magistrate that stays summary proceedings for the prosecution of an offence,

(b) an order made by a Magistrate in summary proceedings dismissing an information or complaint,

(c) an order for costs made by a Magistrate in summary proceedings,

(d) a sentence imposed by a Magistrate in summary proceedings.

(3) Appeals in relation to committal proceedings A defendant or an informant may appeal under this Division to the Supreme Court against any order that is made in relation to committal proceedings, on a ground that involves a question of law alone, but only with the leave of the Supreme Court.

(4) Appeals in relation to interlocutory orders A defendant or an informant may appeal under this Division to the Supreme Court against any interlocutory order that is made by a Magistrate in summary proceedings, on a ground that involves a question of law alone, but only with the leave of the Supreme Court.

(5) Appeals by parties to civil proceedings A party to any proceedings under the Local Courts (Civil Claims) Act 1970 may appeal under this Division to the Supreme Court as provided for by section 69 of that Act.

(6) Appeals concerning orders under the Crimes (Forensic Procedures) Act 2000 An appeal under this Division on a ground that involves a question of law alone may be made to the Supreme Court:

(a) against an order (other than an interim order) made by a Magistrate under the Crimes (Forensic Procedures) Act 2000 authorising the carrying out of a forensic procedure on a person, or

(b) against the refusal of a Magistrate to make such an order.