The Appeal Hearings at the Court of Criminal Appeal are usually determined by three judges.
It should be noted that where there are complex or significant legal issues which must be determined by the CCA then a bench of Five (5) Judges may hear the appeal. In the event that the Judges disagree, then the appeal is decided by a majority.
The appeal Judges who preside over the matter will have all the appeal documentation prior to the appeal being heard as all the documentation will be contained in the ‘Appeal Books.’
This means that everything which has been file including trial transcripts, sentence transcripts, trial exhibits as well as grounds of appeal, submissions by both the defence and the prosecution will all be contained in the ‘Appeal Book’ and such material will be considered by the Judges prior to Hearing of the appeal.
‘Appeal Books’ are prepared by the legal representatives, and it is critical that the Appeal Books are organised and prepared correctly because if the Appeal Books are not prepared in accordance with the rules, then they are likely to be rejected by the Court. Once the judges have read the material contained in the Appeal Books, the court will give the legal representatives the opportunity to make oral submissions in addition to their written submissions and the Judges will commonly ask the legal representatives questions with respect to certain aspects of the appeal grounds etc.
It is critical that both parties are legally represented by solicitors and barristers specialising in Appellate work. This is because Appellate law is a niche area of law, and it is critical that the legal team which you select is experienced in dealing with matters before the Court of Criminal Appeal.
Did you know that at Nicopoulos Sabbagh Lawyers we work with well renowned Barristers who specialise in Appellate Law?
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 30th August 2022.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.