A criminal appeal is held in the Court of Appeals against convictions and sentences that are handed down by County and Supreme Courts. This must be filed no later than 28 days within sentencing, though an application can be made for an extension. The Court of Appeal also hears interlocutory appeals in criminal cases.
Vanessa Ash prepares and conducts appeals on behalf of her clients in the County Court, the Court of Appeal, and the High Court of Australia.
If you need an appeal done right first time, we can help. Preparing appeals is a very precise and measured procedure, and having an experienced lawyer guide you through each step is priceless.
What is the Court of Criminal Appeal?
The Court of Criminal Appeal is the highest court in a state for criminal cases. Anyone convicted or pleaded guilty and been sentenced by a Supreme Court or District Court Judge can appeal to the Court of Criminal Appeal. An appeal may also stem from decisions made by the Land and Environment Court.
How many and what sort of judge hears criminal appeal cases?
The judges may be the Chief Justice, the President of the Court of Appeal, the judges of appeal, the Chief Judge, or another nominated judge from the Common Law Division. Usually an appeal is heard by three judges, but five judges may sit if the legal issues brought up are significant. When the judges do not agree, majority rules. If sentence appeals do not involve a dispute of the legal principle kind, only two judges sit.
What are grounds for appeal?
You can challenge a conviction that involves a question of the law in an appeal. The appeals court may also hear matters involving questions of fact or mixed questions of fact or law, or cases where the severity or adequacy of the sentence is being challenged.
How do I lodge an appeal?
An appeal is made to the High Court from the Court of Criminal Appeal, with applicants first receiving special permission from the High Court to do so. You will need a lawyer.
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