CRIMINAL APPEALS ACT 2004
Table of Provisions
PART 1 -- Preliminary
PART 2 -- Appeals from courts of summary jurisdiction
Division 1 -- Preliminary
Division 2 -- Appeals to a single judge
- 7 Right of appeal
- 8 Grounds for appealing
- 9 Leave to appeal required in all cases
- 10 Commencing an appeal
- 11 Sentences etc., effect of appeal on
- 12 Sentences etc., Supreme Court may suspend etc.
- 13 Supreme Court may refer appeal to Court of Appeal
- 14 Supreme Court’s powers on an appeal
- 15 Conclusion of appeal, consequences
Division 3 -- Appeals from a single judge to the Court of Appeal
- 16 Right of appeal to Court of Appeal
- 17 Commencing an appeal
- 18 Provisions applicable to appeals to Court of Appeal
- 19 Court of Appeal’s additional powers on an appeal
Division 4 -- Costs
- 20 Costs against Attorney General, JPs or police officers
- 21 Costs orders, enforcement of
PART 3 -- Appeals from superior courts
Division 1 -- Preliminary
Division 2 -- Rights of appeal
- 23 Rights of appeal of offender
- 24 Rights of appeal of prosecutor
- 25 Rights of appeal if acquittal on account of unsoundness of mind
- 26 Separate trial decision, preliminary appeal against
Division 3 -- Commencing and deciding appeals
- 27 Leave to appeal required in all cases
- 28 Commencing an appeal
- 29 Sentences etc., Court of Appeal may stay etc.
- 30 Appeal against conviction, decision on
- 31 Appeal against sentence etc., decision on
- 32 Appeal under s. 25, decision on
- 33 Other appeals by prosecutor, decision on
- 34 New trial etc., procedure if ordered
Division 4 -- Miscellaneous
- 35 No fees or costs
- 35A Accused’s costs in some appeals to be paid by State
PART 3A -- Further appeals against conviction
Division 1 -- Preliminary
- 35B Application of this Part
- 35C Term used: offender
- 35D Fresh, new and compelling evidence
Division 2 -- Rights of appeal
- 35E Second or subsequent appeal against conviction
Division 3 -- Commencing and deciding appeals
- 35F Leave to appeal required in all cases
- 35G Commencing appeal
- 35H Decision on appeal
Division 4 -- Fees and costs
- 35I No fees
- 35J Costs against appellant
PART 4 -- Provisions applicable to any appeal
- 36 Terms used
- 37 Application of this Part
- 38 Multiple appeals, consolidation etc.
- 39 Material to be considered on appeal
- 40 General powers to deal with appeals
- 41 Sentencing or re-sentencing on appeal
- 42 Result of appeal to be given to other court
- 43 Party in custody, entitlement to be present at appeal
- 44 Appellant in custody, treatment of
- 45 Exhibits
PART 5A -- Prosecuting acquitted accused
- 46A Terms used
- 46B Term used: acquitted accused
- 46C Criminal investigations of acquitted accused that need authorised officer’s authority
- 46D Charges against acquitted accused that need leave
- 46E Applying for leave for new charge
- 46F Procedure on leave applications
- 46G Hearing leave applications
- 46H Deciding leave applications
- 46I Meaning of fresh and compelling evidence
- 46J Meaning of tainted acquittal
- 46K Interests of justice, matters to be considered
- 46L Restrictions on publicity
- 46M Leave for new charge, effect of
PART 5 -- Referrals of questions of law to the Court of Appeal
- 46 Referrals by superior courts
- 47 Referrals by Attorney General
- 48 Referrals, general provisions about
PART 6 -- Miscellaneous
- 49 Sentence may be varied etc. in specific cases
- 50 Rules of court
- 51 Certain amendments to be reviewed
- 52 Double jeopardy amendments to be reviewed
- 53 Review of amendments made by Criminal Appeals Amendment Act 2022
Uncommenced provisions table
Defined terms
