Appeals

What appeals does the District Court hear?

The District Court hears appeals of Local Court and Children's Court decisions, including care proceedings in the Children's Court.

Appeals against the sentence and / or conviction of a lower court in a criminal case can be made to the district court in certain circumstances. 

For more information about whether appeal can be made to the district court and how to lodge an appeal, refer to the relevant court’s website:

You can also find more information about how to lodge an appeal against children's court care proceedings.


What happens at an appeal hearing?

Appeals against conviction are determined by using the evidence given at the lower court, that is, the district court reviews the transcript. An appellant is entitled to one free copy of the transcript of the lower court hearing. Apply for a transcript directly to the lower court.

Witnesses are not called to give evidence unless the district court considers there are exceptional circumstances. If you are seeking to call witnesses to the district court appeal hearing you will need to make application to the court prior to the appeal hearing.

Use a notice of motion form to apply for witnesses to attend an appeal hearing.

Appeals against sentence are determined by rehearing the evidence given at the lower court. This is usually done orally by the appellant and without transcripts.

Appeals in children's care proceedings are determined by a new hearing and fresh or additional evidence; however, the district court can decide to admit the transcript of the lower court proceedings instead of hearing fresh evidence. Find more information about how to lodge an appeal against children's court care proceedings.


Can you withdraw an appeal?

You can apply to withdraw the appeal but you must still attend court on the date listed. A judge will decide whether to allow you to withdraw the appeal.


Appeals against District Court decisions

Appeals against District Court decisions are made to the Supreme ​Court​​, Court of Appeal or Court of Criminal Appeal.

In some cases, you may need to lodge a Notice of Intention to Appeal prior to lodging an appeal.

You should get legal advice about your right of appeal, time limits and the appropriate court to appeal to before lodging an appeal.

 

 

 

 

 

Appeals against Local Court decisions    

See the Local Court website for more information about appeals against Local Court decisions.  

Need legal advice or information?

Staff at the district court cannot give legal advice. Find out where to get legal advice or information.    

Confused about court terms?    

Use the LawAssist online dictionary.

 

The information on this site is a guide only and is not legal advice - see disclaimer.