CRIMINAL APPEALS ACT 2004

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
            
   4A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
            
   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 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