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.