There are a number of pathways to appeal or review a Local Court decision.
If the defendant was not present when convicted and sentenced:
- In all criminal and Apprehended Violence Order (AVO) cases, if a person is convicted and sentenced, and is not present at court when that occurs, an appeal can be made to the Local Court. This is called a Section 4 Review (or application for annulment). The Local Court can decide to annul the previous conviction and sentence (this means set aside those orders) and then re-determine the case.
- The time limit for making a Section 4 Review application is 2 years from the date of conviction or sentence.
- The application for a Section 4 Review is lodged at the Local Court. There is a fee for this application.
- Appeal to a higher Court instead of a Section 4 Review can only be made with leave of the higher Court.
Appeal in all other criminal and AVO cases:
- Where a defendant was present when convicted and sentenced, an appeal is made to the District Court. An appeal can be made against the conviction or sentence, or both.
- The time limit for a District Court appeal is 28 days after date of conviction or sentence. Leave to appeal can be made up to 3 months after the date of conviction and sentence.
- An appeal form is lodged at the Local Court and a fee applies for lodging an appeal.
Appeal in environment offences:
- Where a defendant was present when convicted and sentenced, appeals against decisions of the Local Court in environment offences are made to the Land and Environment Court.
- The time limit for a Land and Environment Court appeal is 28 days after the conviction or sentence.
- The form of appeal against environment offences is lodged at the Land and Environment Court.
You can read more about appeals on the Legal Aid website, click here.
