JUSTICES ACT 1886 - SECT 222 Appeal to a single judge

JUSTICES ACT 1886 - SECT 222

222 Appeal to a single judge

(1) If a person feels aggrieved as complainant, defendant or otherwise by an order made by justices or a justice in a summary way on a complaint for an offence or breach of duty, the person may appeal within 1 month after the date of the order to a District Court judge.

Notes—

1 Under the Criminal Code , section 669A (6) , an appeal against a decision by a person under this section to a District Court judge is removed directly to the Court of Appeal if the Attorney-General also appeals against the decision under section 669A .

2 This division applies in relation to an order made by justices dealing summarily with a child charged with an offence, but appeals must be made to a Childrens Court judge—see the Youth Justice Act 1992 , section 117 .

(2) However, the following exceptions apply—

(a) a person may not appeal under this section against a conviction or order made in a summary way under the Criminal Code , section 651 ;

(b) if the order the subject of the proposed appeal is an order of justices dealing summarily with an indictable offence, a complainant aggrieved by the decision may appeal under this section only against sentence or an order for costs;

(c) if a defendant pleads guilty or admits the truth of a complaint, a person may only appeal under this section on the sole ground that a fine, penalty, forfeiture or punishment was excessive or inadequate.

(2A) The Attorney-General may appeal against an order made by justices or a justice in a summary way on a complaint for an offence or breach of duty within 1 month after the date of the order to a District Court judge.

(3) To start the appeal, the appellant must file a notice of appeal in the District Court registry.

(4) For this section, an appellant is taken to have filed the notice of appeal in the District Court registry—

(a) if the District Court registry is more than 50km from the place where the order was made; and

(b) the appellant gives the notice of appeal to the relevant clerk of the court.

(5) Also, for this section, an appellant is taken to have filed the notice of appeal in the District Court registry if the appellant is in custody in prison and gives the notice of appeal to the prison’s general manager.

(6) A clerk of the court or general manager of a prison who receives a notice of appeal under subsection (4) (b) or (5) must immediately give the appellant a receipt of the notice of appeal in the approved form stating the date of receipt.

(7) If—

(a) an issue arises in a proceeding about whether the appellant gave a notice of appeal under subsection (4) (b) or (5) ; and

(b) the receipt under subsection (6) is not produced in evidence;

the onus of proof is on the appellant to prove the giving of the notice of appeal under subsection (4) (b) or (5) .

(8) The notice of appeal must be in the approved form and state—

(a) the appeal grounds; and

(b) the details required under section 222C ; and

(c) the name and address of the respondent.

(9) If the appellant is in custody, the notice of appeal must be filed in the District Court district where the appellant is in custody.