JUSTICES ACT 1902 - SECT 123 Matters in which an appeal can be made only with leave of District Court

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 123

123 Matters in which an appeal can be made only with leave of District Court

(1) An appeal may be made against a conviction entered after a guilty plea or in the absence of the defendant only with the leave of the District Court.

(1A) An appeal may be made against an apprehended violence order under Part 15A of the Crimes Act 1900 that was made with the consent of the person against whom the order was made only with the leave of the District Court.

(2) An appeal may be made by a person who has not exhausted all rights of appeal under Part 4A (other than an application under section 100G) only with the leave of the District Court.

(3) An application for leave to appeal is to be made by lodging a written application and a notice of appeal complying with section 122 not later than 28 days after the conviction or order is made, or the sentence is imposed, by the Magistrate.

Note: Section 126 sets out the manner in which an application is to be lodged.

(4) If an application is made to a Local Court under Part 4A (other than an application under section 100G), the time for lodging an application for leave to appeal under this section does not start to run until the application under Part 4A is finally disposed of.

(5) This section does not apply to an appeal against the severity of a sentence.