Appeals in criminal law matters
On this page:
How do I appeal a decision by the magistrates court?
Appeals from a magistrate’s decision in the magistrates court are decided by a district court judge without a jury. The appeal must be lodged within 28 days of the magistrate’s decision.
Can I appeal my sentence or conviction from the district or supreme court?
Sometimes. It is best to get advice from your lawyer about whether you should appeal.
Which court hears appeals?
Appeals go to the court of appeal. To start your appeal, you must lodge paperwork called a Notice of Appeal with the court of appeal registry. You must write your reasons for thinking your sentence and/or conviction was unfair on the Notice of Appeal.
The lawyer you had in the district or supreme court should be able to help if they think you are likely to win your appeal. If your lawyer does not think you are likely to win, you can get a second opinion, but you might have to pay for a private lawyer if you can't get legal aid. You are allowed to represent yourself in the court of appeal, but it would be better to have a lawyer.
To find out how to appeal your conviction or sentence, go to the 'external links' area of this page (to the right-hand side).
Where do I lodge my Notice of Appeal if I am in jail?
You can get the Notice of Appeal from Sentence Management.
- Fill it in yourself, or ask your lawyer or the prison duty lawyer (a lawyer who will give free legal advice at the jail) to fill it in.
- The lawyer can lodge the Notice of Appeal for you with the Court of Appeal registry, or you can give it to Sentence Management at the jail. That is counted as the same as lodging it with the court registry.
- Make sure Sentence Management makes a note of the date you lodged it with them though, because it is hard to get an extension of time from the court of appeal if you lodged your notice after the due date.
Can I appeal against my conviction if I pleaded guilty?
If you pleaded guilty, it is very hard to win an appeal to overturn your conviction, because you agreed to plead guilty. There are some very limited exceptions though, and you will definitely need legal advice straight away.
Can I appeal if I lose my case in the court of appeal?
Not automatically.
Which court hears appeals from the Queensland Court of Appeal?
The High Court of Australia has a permanent court house in Canberra. The High Court judges visit Queensland each year to hear Queensland criminal appeals.
The High Court will only agree to hear cases that have major public importance. The High Court has complicated procedures and you must get legal advice if you want to appeal from a decision of the court of appeal.
How long do I have to appeal a conviction or sentence?
You have one calendar month to appeal to district or supreme court. You have 28 days of judgment to appeal for special leave to appeal to the High Court.