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