Order 12 of the Criminal Practice Rules 2022 is headed Appeals and reviews from District Courts, and it is short because it points elsewhere.
Order 12 Rule 1
Appeals against conviction and/or sentence from criminal proceedings in a District Court to the National Court, and any other appeal against any decision of any court or authority in connection with criminal proceedings (including an appeal under s 615(12) of the Code against cancellation of a licence to be at large) shall be made in accordance with Part XI (appeals from decisions of District Courts) of the District Courts Act and Division 18.1 (appeals from District Court and other statutory tribunals) of the National Court Rules.
Part XI of the District Courts Act (Chapter 40) supplies the substantive right of appeal, the time limit and the conditions.
Division 18.1 of the National Court Rules 1983 supplies the practice in the National Court. See appealing to the National Court and the time limit.
Order 1 Rule 11(e) of the Criminal Practice Rules assigns the file reference: NCRA No … of … shall be used in cases that are criminal appeals from the District Court to the National Court or any other criminal-related appeals to the National Court.
It covers any other appeal against any decision of any court or authority in connection with criminal proceedings — expressly including an appeal under section 615(12) of the Criminal Code Act (Chapter 262) against cancellation of a licence to be at large.
Order 12 Rule 2
An application for review by the National Court under s 155(3)(a) of the Constitution of a conviction and/or sentence in criminal proceedings in a District Court shall be made in accordance with Order 16 (applications for judicial review) of the National Court Rules.
Section 155(3)(a) of the Constitution gives the National Court an inherent power to review any exercise of judicial authority.
Where an appeal is out of time or otherwise unavailable, review is the remaining route — and Rule 2 directs it into the Order 16 procedure, with its leave requirement and time limit.
On the difference between the two, see appeal compared with review.
To the Supreme Court
A conviction or sentence in the National Court is appealed to the Supreme Court under the Supreme Court Act (Chapter 37), with procedure under the Supreme Court Rules 2012.
See appealing to the Supreme Court and whether leave is required.
Order 9 Division 4 of the Criminal Practice Rules provides four routes to the Supreme Court short of an appeal —
Rule 9 — a reference under Constitution section 18(2) of a question of interpretation or application of any provision of a Constitutional Law, made under Order 4 of the Supreme Court Rules 2012.
Rule 10 — a reservation under section 21(1) of the Supreme Court Act of a question of law arising on a trial, under Order 8 of those Rules.
Rule 11 — a reference by the Principal Legal Adviser under section 26(1) of a point of law that has arisen, under Order 9.
Rule 12 — a reservation under Criminal Code sections 594(3) or 595(1), under Order 8 and Division 10.5 of the Criminal Practice Rules.
Bail Act sections 11 and 12
Section 11 — where a person lodges an appeal against conviction or sentence or both, the court which convicted him, a court of equal jurisdiction, or a court of higher jurisdiction may, in its discretion, on application by or on behalf of the appellant, grant bail pending the hearing of the appeal.
Section 12 — where a court hearing an appeal adjourns proceedings, it may, in its discretion, grant bail to the appellant on application.
— Bail Act (Chapter 340). See bail.
Before conviction, section 9 of the Bail Act provides that a bail authority shall not refuse bail unless satisfied on reasonable grounds as to one of nine considerations — bail is the position unless a ground is made out.
After conviction, sections 10 to 12 confer a discretion to grant bail. The constitutional entitlement in section 42(6) runs from arrest or detention to acquittal or conviction; it does not extend past conviction.
Two practical points
Order 8 Rule 1(3) — an admission made under section 589 of the Code shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to the same matter including an appeal or retrial — though by Rule 1(4) it may with leave of the Court be withdrawn … in any subsequent criminal proceedings relating to the same matter.
Order 8 Division 11 requires exhibits to be dealt with after trial bearing in mind the possibility of them being required in any appeal, and allows an order that an exhibit not be returned to its owner.
The order on verdict in Form 61 under Order 10 Rule 1 records the charges, the plea and the verdict on each charge; the order as to sentence under Order 11 Division 7 must show the sentence allocated to each offence and whether the sentences are to be served cumulatively or concurrently, and must state the pre-sentence period in custody in years, months, weeks and days.
Those documents are the foundation of any appeal against sentence — see sentencing.
Sources
- Criminal Practice Rules 2022 — O 1 r 11; O 8 rr 1, Div 11; O 9 Div 4; O 10 r 1; O 11 Div 7; O 12 rr 1, 2
- National Court Rules 1983 — O 16; Div 18.1
- Constitution — ss 18(2), 42(6), 155(3)(a)
- Bail Act (Chapter 340) — ss 9–12
- Criminal Code Act (Chapter 262) — ss 589, 594, 595, 615(12)
- Supreme Court Act (Chapter 37); Supreme Court Rules 2012
The District Courts Act (Chapter 40) is not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.