Local Court (Criminal Procedure) Act 1928
163Right of appeal to Supreme Court
Start here
Get a plain-English read of 163
Turn the raw legal text into a practical explanation grounded in Local Court (Criminal Procedure) Act 1928.
163 Right of appeal to Supreme Court (1) A party to proceedings before the Local Court may appeal to the Supreme Court from a conviction, order, or adjudication of the Court (other than an order dismissing a complaint of an offence), on a ground which involves: (a) sentence; or (b) an error or mistake, on the part of the Local Court, on a matter or question of fact alone, or a matter or question of law alone, or a matter or question of both fact and law, as hereinafter provided, in every case, unless any other Act expressly declares that such a conviction, order, or adjudication shall be final or otherwise expressly prohibits an appeal against it. (2) Any provision of any other Act conferring a right of appeal to a Local Court against any conviction, order, or adjudication mentioned in subsection (1) or (3) shall be read as conferring a right of appeal to the Supreme Court under this Act in lieu of to a Local Court. (3) A party to proceedings before the Local Court arising from a complaint or an information in relation to a charge that is heard and determined summarily may appeal to the Supreme Court from an order or adjudication of the Court dismissing the complaint or information. (4) Subsection (3) does not apply if any other Act expressly declares that the order or adjudication is to be final or otherwise expressly prohibits an appeal against it. (5) An appeal under subsection (3) may be on a ground that involves an error or mistake on the part of the Local Court on a matter or question of law alone or a matter or question of both fact and law. (6) Section 176A does not apply to an appeal under subsection (3). (7) Despite anything to the contrary in this section, a decision made under Part V, Division 1 or 3 may not be appealed to the Supreme Court.