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Criminal Law Blog QLD

Direct appeal of cases from the magistrate court to the High Court

Direct appeal of cases from the magistrate court to the High Court by special leave to appeal when such lower court is exercising state jurisdiction, is not allowed under the Act.

It is important to know the type of jurisdiction the magistrate court is exercising over a given case whether it is a federal or a state one.

When the magistrate court is exercising a federal jurisdiction, the appeal of its decision shall be with the High Court of Australia.

This procedure is mandated under the Judiciary Act 1903 which permits and grants special leave to appeal from any court or judge of the state exercising federal jurisdiction even though the law of that State prohibits an appeal from such court.

The normal procedure is that, no appeal can be made by a magistrate court to the high court if there are other courts exercising federal jurisdiction exists in the state and no special leave to appeal is granted in this case.

Direct appeal of cases from the magistrate court to the High Court by special leave to appeal when such lower court is exercising state jurisdiction, is not allowed under the Act.

Appeal to the federal court is also granted by another Act known as the Federal Court of Australia Act 1976 which provides that the federal court is another available venue for an appeal of the decision of the magistrate court or from a single judge in a state court, provided that the said state court is exercising federal jurisdiction.

Otherwise, the appeal permitted under the Act will not lie nor the provisions of the Act applicable to the proceedings of appealing the lower court’s decision exercising state and not federal jurisdiction.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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