If you have filed an appeal in the Staff of Government Division you will be known as the appellant. 

What happens first?

Once your notice of appeal (or application for leave to appeal) has been received by the Court Office and a copy served upon the respondent to the appeal (usually the Attorney General or the Chief Constable) the matter will be allocated a date for a directions hearing

This initial hearing generally lasts about half an hour. Although there will be two judges sitting at the main hearing of the appeal, there may only be one judge sitting at the directions hearing. The judge will set out the timetable for bringing the matter to hearing, and set any dates for the filing of documents. 

Do I have to attend the initial (directions) hearing?

You are not required to attend the initial hearing if you have an advocate representing you at the hearing , although you may attend if you so wish. If you are representing yourself then you must attend. 

Who will be in the courtroom?

The Staff of Government Division is usually an 'open' court. This means you may see the following people in the courtroom:

• the two judges

• the advocate for the respondent

• your advocate

• any witnesses called to give evidence (after they have given their evidence)

• the court clerk

• the court usher

• the dock officer

• any members of the public sitting in the public gallery

• the media (newspapers, radio, etc). 

What should I call the judges?

Both the judges are addressed as:

"Your Honour". 

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge, or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to a member of the court staff, usually the court usher or the court clerk, who will then pass them to the judge. 

What do I do when I get to court?

If you are in custody, you will be escorted to the courthouse and taken into the dock.

If you are not in custody, when you arrive at the courthouse you will have to pass through security.

You or your advocate should then let the main courthouse reception know that you have arrived. Reception staff will tell you which courtroom you need to go to, and where the correct waiting area is.

When it is time for the hearing, the dock officer will escort you to the dock. 

The hearing

In the main hearing there will be two judges. Neither judge will have been involved with the original case before it was appealed.

Your advocate (or you in person if you are representing yourself) and the respondent's advocate will then set out their arguments. If you are appealing against your conviction then your advocate will seek to persuade the judges that the judge in the lower court was wrong to convict you. If you are appealing against your sentence, your advocate will seek to persuade the judges that the sentence given to you was unjust in its length.

The respondent’s advocate will then have their opportunity to ‘respond’ to your advocate’s argument as they see fit and finally your advocate will have a chance to reply. It is usual for the judges to ask questions of both parties to the appeal throughout their submissions.

Under S37 of the Criminal Jurisdiction Act 1993 the Appeal Division may, if it thinks necessary in the interests of justice:

• order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Appeal Division, whether or not he was called at the trial

• order the examination of any such witness to be conducted before any judge or justice of the peace or other person appointed by the Appeal Division for the purpose, and allow the admission of any depositions so taken as evidence before the Appeal Division. 

Judgment/Final hearing

After the hearing, the two judges will retire to consider their decision. The Judges may not be able to give their decision immediately, in which case judgment will be reserved and the parties will be asked to attend court at a later date when all matters have been considered and the judgment is able to be delivered.

If you have appealed against a conviction the Appeal Division will decide if that conviction should be overruled, or upheld.

• If it is upheld then the original conviction will stand, and if you were in custody, you will be returned to prison.

• If they decide that the original conviction was wrong then the Appeal Division will quash the conviction and either:

  • direct a verdict of acquittal to be entered, or

  • order the appellant to be retried.

If you have appealed against the length of a sentence passed down in the Court of General Gaol Delivery, the Appeal Division will decide whether that sentence should be altered or stand.

• If the sentence stands and you were sentenced to imprisonment, you will be returned to prison to serve the sentence passed down by the Court of General Gaol Delivery.

• If the Appeal Division thinks that a different sentence should have been passed it shall:

  • quash the sentence passed at the trial; and

  • pass such other sentence authorised in law by the verdict (whether more or less severe) in substitution.

Final written judgments may be published on Judgments Online at the discretion of the judge.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

There are certain circumstances which may arise under which the Department of Home Affairs or the Attorney General may make a reference to the Staff of Government Division, namely:

• where a person has been found not guilty by reason of insanity or found guilty by a jury to be under disability the Department of Home Affairs may at any time refer the whole case to the Appeal Division
• where a person tried on information has been acquitted (whether in respect of the whole or part of the information), the Attorney General may seek the opinion of the Appeal Division on a point of law which has arisen in the case
• if it appears to the Attorney General that the sentencing of a person has been unduly lenient or the court has erred in law as to its powers of sentencing

 

What happens first?

Once the reference has been received by the Court Office and a copy has been served upon you, the respondent, the matter will be allocated a date for a directions hearing.

This initial hearing generally lasts about half an hour. Although there will usually be two judges sitting at the main hearing of the appeal, there will only be one judge sitting at the directions hearing. The judge will set out the timetable for the matter, and set any dates for the filing of documents.

 

 

Who will be in the courtroom?

The Staff of Government Division is usually an 'open' court. This means you may see the following people in the courtroom:

• the two judges
• the advocate for the Attorney General or Department of Home Affairs (appellant party)
• your advocate
• any witnesses called to give evidence (after they have given their evidence)
• the court clerk
• the court usher
• the dock officer
• any members of the public sitting in the public gallery
• the media (newspapers, radio, etc).

 

What should I call the judges?

Both the judges are addressed as:

Your Honour

 

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge, or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. you must then hand them to a member of the court staff, usually the court usher or the court clerk, who will then pass them to the judge.

 

What do I do when I get to court?

If you are in custody, you will be escorted to the courthouse and taken to the dock.

If you are not in custody, when you arrive at the courthouse you will have to pass through security.

You and/or your advocate should then let the main courthouse reception know that you have arrived. They will tell you which courtroom you need to go to, and where the right waiting area is.

When it is time for the hearing you will be called and escorted to the dock or such other position in the courtroom as the court may direct.

 

The hearing

In the main hearing there will be two judges. Neither of the judges will have been involved with the original case.

Under S37 of the Criminal Jurisdiction Act 1993 the Appeal Division may, if it thinks necessary in the interests of justice:

• order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Appeal Division, whether or not he was called at the trial
• order the examination of any such witness to be conducted before any judge or justice of the peace or other person appointed by the Appeal Division for the purpose, and allow the admission of any depositions so taken as evidence before the Appeal Division.

 

Judgment/Final hearing

After the hearing, the judges will retire to consider their decision. The Judges may not be able to give their decision immediately, in which case judgment will be reserved and the parties will be asked to attend court at a later date when all matters have been considered and the judgment is able to be delivered.

For more information concerning the powers of the Staff of Government Division in respect of references please refer to Sections 39, 40, & 41 of the Criminal Jurisdiction Act 1993.

Final written judgments may be published on Judgments Online at the discretion of the judge.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

If you have given evidence in a criminal trial, and the matter is referred to the Staff of Government Division, you may be required to come back to court to answer any further questions about your evidence from the original trial.

If you have been summonsed to court as a witness you must attend court on the date and time specified on the witness summons.

 

What do I do when I get to court?

When you arrive at the courthouse you will have to pass through security.

Once you have passed through security you should go to the main courthouse reception. The receptionist will tell you which courtroom your case is in and where to wait.

The appellant and respondent may each have booked a witness room. You will be directed to one of these, and must wait there until you are called to give your evidence.

 

The hearing

When it is your turn to give evidence you will be called and lead to the witness box in the courtroom.

You must be sworn in before you give your evidence. To do this you will be asked to take the oath on a Holy Book of your religion, or you can affirm (promise) to tell the truth. The court usher will usually check with you before court which you want to do. You must read aloud from the oath/affirmation card. If you have trouble reading the card, the court usher will read it to you, you must repeat what they say.

 

Who will be in the courtroom?

In the courtroom there will be:

• the two judges
• the appellant
• the respondent
• the court clerk
• the court usher
• the dock officer
• the media (newspapers, radio, etc)
• advocates for the appellant and respondent.

 

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you. If you wish to be seated in the witness box rather than standing you may be able to gain the permission from the judge to do so depending on your reasons. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher who will then pass them to the judge.

 

What should I call the judges?

Both the judges are addressed as:

Your Honour

 

My evidence

During the hearing, advocates for both the appellant and the respondent will ask you questions.

If you are a witness for the appellant:

• the appellant's advocate will take you through your evidence first
• the respondent's advocate will then ask you some questions in reply
• the appellant's advocate will then have a chance to ask you any further questionS
• the judges may ask you any questions they wish.

If you are a witness for the respondent:

• the respondent's advocate will take you through your evidence first
• the appellant's advocate will then ask you some questions in reply
• the respondent's advocate will then have a chance to ask you any further questions
• the judges may ask you any questions they wish.

After you have finished giving your evidence you may leave the courthouse.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.