Western Australian Consolidated Acts

CRIMINAL APPEALS ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      This Act to be read with Criminal Procedure Act 2004  
   4.      Terms used  
   5.      Appeal against sentence of superior court after conviction by lower court, commencement of  

   PART 2 -- Appeals from courts of summary jurisdiction  

           Division 1 -- Preliminary  

   6.      Terms used  

           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  

   22.     Terms used  

           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 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 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  
           Compilation table
           
[Reprinted under the Reprints Act 1984 as]