Appeals

All appeals from decisions of the Magistrates Court are heard in the District Court. All appeals for trials in the District Court and Supreme Court are heard in the Court of Appeal. Three judges are present at an appeal hearing in the Court of Appeal and there is no jury.

The law allows one calendar month for an appeal to be lodged, but sometimes an extension may be granted.

Appeals can be lodged in three situations:

• a defendant who pleads guilty to a charge may only appeal against the sentence if the Court of Appeal grants leave
• a defendant who is found guilty by a court has the right to appeal against the conviction and must seek leave to appeal against the sentence
• Queensland's Attorney-General, who is the state's first law officer, has full authority over legal matters relating to the state and can appeal against the sentence if it is considered too lenient.

No matter who lodges the appeal, both the defence and prosecution lawyers will present arguments to the court. One lawyer makes the appeal and the other opposes it.

The following happens:

• before the appeal is heard each side presents written arguments to the court
• the judges listen to the oral arguments of both lawyers and usually questions them about the case
• the judges refer to a transcript of the trial or sentence before them as the arguments are presented
• when they have considered the arguments, the judges reach a decision about whether to dismiss or allow the appeal. This may be on the same day or some time later.

If the appeal is dismissed, the decisions made at the trial still stand.

If the appeal is allowed, the following can occur:

• if the defendant appeals against the conviction, the conviction is removed and they are free to go or a new trial is ordered
• if the defendant appeals against the sentence, the sentence is reduced if the defendant's appeal is successful
• if the Attorney-General appeals against the sentence, the sentence is increased if the Attorney-General's appeal is successful.