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CRIMINAL APPEALS ACT 2004 - SECT 9

CRIMINAL APPEALS ACT 2004 - SECT 9

9 .         Leave to appeal required in all cases

        (1)         The leave of the Supreme Court is required for each ground of appeal in an appeal under this Division.

        (2)         After an appeal is commenced, the Supreme Court must not give leave to appeal on a ground of appeal unless it is satisfied the ground has a reasonable prospect of succeeding.

        (3)         Unless the Supreme Court gives leave to appeal on at least one ground of appeal in an appeal, the appeal is to be taken to have been dismissed.

        (4)         The Supreme Court may decide whether or not to give leave to appeal —

            (a)         with or without written or oral submissions from the parties to the appeal;

            (b)         before or at the hearing of, or when giving judgment on, the appeal.

        (5)         As soon as practicable after the Supreme Court gives leave to appeal against a decision, it must notify the court of summary jurisdiction that made the decision.