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Appealing in QLD

In Queensland, there is a legislation known as the Justices Act 1886 which provides that any order of the magistrate court is appealable to the District Court. The word “order’ is defined as any refusal to make a determination of the merits or issues of the case made by the magistrate judge including the refusal to act on the objection or motions of any of the parties, or on any applications filed for its resolution.

The grounds to make an appeal does not however include decisions made by the justices which call for the commitment of the accused to stand trial for an indictable offence or dismissing the charge against the accused or granting his bail or refusing to grant his bail. In granting the bail or refusing to grant the bail of the accused for provisional liberty, it does not matter whether the court is exercising its jurisdiction over criminal cases or merely conducting a committal hearing

Appealing to the District Court is a right and not dependent upon the discretionary authority of the appellate court to grant nor it is effected by way of leave of court. There is however, a reglementary period within which to file an appeal from the decision of the magistrate court to the District Court and that is within one month from receipt of the decision of the magistrate judge dismissing the complaint for a non indictable offence, except when the accused pleaded guilty. However, the appeal will lie if it pertains to the sentence imposed. Conviction of an indictable offence heard summarily by the magistrate judge is appealable if the judge erred in deciding the conviction or gives a sentence summarily.

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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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