Criminal law appeals

There are strict time limits for appeals against court decisions. If you have been charged with a serious offence or have an urgent legal matter, get legal advice immediately.

Appeal processes are different for each court.

Find out how to appeal a decision of the:

When you need legal advice 

Get legal advice if you:

  • want to appeal a sentence or conviction
  • pleaded guilty to a conviction and want to lodge an appeal
  • want to appeal a Court of Appeal decision.

How to get legal advice

Magistrates Court appeals

If you pleaded guilty in the Magistrates Court, you may only appeal the sentence.

If you pleaded not guilty, and you were convicted and sentenced after a hearing, then you may be able to appeal against the conviction, sentence or both.

There are risks with appealing a Magistrates Court decision— it is important you get legal advice.

Starting a Magistrates Court appeal

To start an appeal against a Magistrates Court decision you must file a Form 27 – Notice of appeal to a District Court Judge (s. 222) with the nearest District Court registry.

If you are in jail, give your notice of appeal to sentence management and they will make sure it is filed with the District Court.

You may be eligible for bail if your appeal has strong prospects of success and won’t be heard before your release date.

Time limits

You have one calendar month to file your appeal from the date of your sentence or conviction. For example, if you are sentenced on 3 February, you have until 3 March to file your appeal.

If you don’t file your form on time, you can ask for a time extension by filing a Form 27b - Notice of application for extension of time for filing notice of appeal to a District Court Judge with the District Court.

Magistrates Court appeal hearing

A single District Court judge will hear your appeal against the magistrate’s orders.

Grounds for an appeal

'Grounds for an appeal' are the reasons why you think a magistrate’s decision is wrong. Get legal advice to find out what grounds of appeal may apply to your case.

Stopping an appeal

To stop an appeal, file a Form 27e—Notice of discontinuance of appeal or application with the District Court. Your appeal will be finalised when you file this form.

You can’t restart an appeal once it has been stopped, except in exceptional circumstances.

District Court or Supreme Court appeals

If you plead guilty in the District Court or Supreme Court, you may:

  • appeal against your sentence in the Court of Appeal
  • appeal your conviction in exceptional circumstances. Get legal advice.

If you plead not guilty and are convicted and sentenced after a District Court or Supreme Court hearing, you may be able to appeal against the conviction and sentence.

There are risks with appealing a District Court or Supreme Court decision— it is important you get legal advice.  

Starting a District Court or Supreme Court appeal

To start a District Court or Supreme Court appeal, you must file a Form 26 - Notice of appeal or application for leave to appeal against conviction or sentence with the nearest Supreme Court Registry.

If you are in jail, give your notice of appeal to sentence management and they will ensure it is filed with the Supreme Court.

You may be eligible for bail if your appeal has strong prospects of success and won’t be heard before your release date.

Time limits

You have one calendar month to file your appeal from the date of your sentence or conviction.  For example, if you are sentenced on 3 February, you have until 3 March to file your appeal.

If you don’t file your form on time you can ask for a time extension by filing a Form 28 - Notice of application for extension of time within which to appeal. in the Supreme Court. You must also prepare an affidavit explaining why you didn’t file your appeal in time. This affidavit must be filed with the Supreme Court. It is important you get legal advice about your application for extension of time.

District Court or Supreme Court appeal hearing

The Court of Appeal is made up of 3 judges hearing appeals from the District Court or Supreme Court.

Grounds for an appeal

The grounds for an appeal are the reasons why you think the judge or jury made the wrong decision, or the trial wasn’t conducted according to the law. You should get legal advice about what grounds of appeal might apply to your case.

Stopping an appeal

To stop an appeal, file a Form 30 - Notice of abandonment of appeal or application.

You cannot restart an appeal once it has been stopped, except in exceptional circumstances.

Appeals against the Queensland Court of Appeal

You can apply for special leave to appeal against a Court of Appeal decision in the High Court of Australia, which has a permanent courthouse in Canberra.

High Court judges visit Queensland each year to hear state criminal appeals of major public importance.

You have 28 days from a Court of Appeal judgment to apply for special leave to appeal in the High Court.

High Court procedures are complicated. Get legal advice if you want to appeal a Court of Appeal decision.

How to get legal advice

We may give legal advice on most areas of criminal law.

Contact us

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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