Criminal Appeals Act 2004 (WA)

Western Australia Criminal Appeals Act 2004 Western Australia Criminal Appeals Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. This Act to be read with Criminal Procedure Act 2004 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 4. Terms used 1 5. Appeal against sentence of superior court after conviction by lower court, commencement of 1 Part 2 — Appeals from courts of summary jurisdiction Division 1 — Preliminary 6. Terms used 1 Division 2 — Appeals to a single judge 7. Right of appeal 1 8. Grounds for appealing 1 9. Leave to appeal required in all cases 1 10. Commencing an appeal 1 11. Sentences etc., effect of appeal on 1 12. Sentences etc., Supreme Court may suspend etc. 1 13. Supreme Court may refer appeal to Court of Appeal 1 14. Supreme Court's powers on an appeal 1 15. Conclusion of appeal, consequences 1 Division 3 — Appeals from a single judge to the Court of Appeal 16. Right of appeal to Court of Appeal 1 17. Commencing an appeal 1 18. Provisions applicable to appeals to Court of Appeal 1 19. Court of Appeal's additional powers on an appeal 1 Division 4 — Costs 20. Costs against Attorney General, JPs or police officers 1 21. Costs orders, enforcement of 1 Part 3 — Appeals from superior courts Division 1 — Preliminary 22. Terms used 1 Division 2 — Rights of appeal 23. Rights of appeal of offender 1 24. Rights of appeal of prosecutor 1 25. Rights of appeal if acquittal on account of mental impairment 1 25A. Rights of appeal relating to Criminal Law (Mental Impairment) Act 2023 1 26. Separate trial decision, preliminary appeal against 1 Division 3 — Commencing and deciding appeals 27. Leave to appeal required in all cases 1 28. Commencing an appeal 1 29. Sentences etc., Court of Appeal may stay etc. 1 30. Appeal against conviction, decision on 1 31. Decision on appeal against sentence or order 1 32. Appeal under s. 25, decision on 1 32A. Decision on appeal under s. 25A(a) or (b) 1 32B. Decision on appeal under s. 25A(c) or (d) 1 33. Other appeals by prosecutor, decision on 1 34. New trial etc., procedure if ordered 1 Division 4 — Miscellaneous 35. No fees or costs 1 35A. Accused's costs in some appeals to be paid by State 1 Part 3A — Further appeals against conviction Division 1 — Preliminary 35B. Application of this Part 1 35C. Term used: offender 1 35D. Fresh, new and compelling evidence 1 Division 2 — Rights of appeal 35E. Second or subsequent appeal against conviction 1 Division 3 — Commencing and deciding appeals 35F. Leave to appeal required in all cases 1 35G. Commencing appeal 1 35H. Decision on appeal 1 Division 4 — Fees and costs 35I. No fees 1 35J. Costs against appellant 1 Part 4 — Provisions applicable to any appeal 36. Terms used 1 37. Application of this Part 1 38. Multiple appeals, consolidation etc. 1 39. Material to be considered on appeal 1 40. General powers to deal with appeals 1 41. Sentencing or re‑sentencing on appeal 1 41A. Custody orders under Criminal Law (Mental Impairment) Act 2023 1 42. Result of appeal to be given to other court 1 43. Party in custody, entitlement to be present at appeal 1 44. Appellant in custody, treatment of 1 45. Exhibits 1 Part 5A — Prosecuting acquitted accused 46A. Terms used 1 46B. Term used: acquitted accused 1 46C. Criminal investigations of acquitted accused that need authorised officer's authority 1 46D. Charges against acquitted accused that need leave 1 46E. Applying for leave for new charge 1 46F. Procedure on leave applications 1 46G. Hearing leave applications 1 46H. Deciding leave applications 1 46I. Meaning of fresh and compelling evidence 1 46J. Meaning of tainted acquittal 1 46K. Interests of justice, matters to be considered 1 46L. Restrictions on publicity 1 46M. Leave for new charge, effect of 1 Part 5 — Referrals of questions of law to the Court of Appeal 46. Referrals by superior courts 1 47. Referrals by Attorney General 1 48. Referrals, general provisions about 1 Part 6 — Miscellaneous 49. Sentence may be varied etc. in specific cases 1 50. Rules of court 1 51. Certain amendments to be reviewed 1 52. Double jeopardy amendments to be reviewed 1 53. Review of amendments made by Criminal Appeals Amendment Act 2022 1 Notes Compilation table 1 Defined terms Western Australia Criminal Appeals Act 2004 An Act about appeals in criminal cases and about related matters.