If you disagree with the court’s decision or think your penalty is too harsh, you can appeal to a higher court.
Criminal Division Appeals
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Types of appeals that can be made
A young person can appeal against a decision of a Children’s Court magistrate for their criminal case criminal division proceeding can appeal against the outcome. The person can:
- appeal to the County Court against a conviction or sentencing order made by a magistrate
- appeal to the Supreme Court against a conviction or sentencing order if it was made by the Children’s Court President
- on a question of law, appeal to the Supreme Court.
How to lodge an appeal
You need to be directly involved in the proceeding to make an appeal.
To appeal against a conviction or sentencing order that the Children’s Court made, you must do it within 30 days after the court order was made. If you lodge an appeal after this period, the County Court or Supreme Court will decide if it going to let you proceed with your appeal hearing. This is called ‘leave to appeal out of time’.
If you’re thinking of appealing, you should speak to your lawyer first to understand the process and what your options are. Your lawyer will usually help with the paperwork if you are going to appeal. See information on how to seek legal help.
To lodge an appeal, go to a Children’s Court to complete the paperwork. If the person making an appeal is under 15 years old, their parent or guardian may lodge the appeal on their behalf.
You will be given the appeal hearing details (date, time and location) and copies of your appeal (a document called Notice of Appeal).
You must give a copy of the Notice of Appeal to the informant (the person who laid the charge).
If your appeal is about a question of law, there is a different process to follow and your lawyer will handle that for you.