Crimes Act 1961

379A Right of appeal in certain cases

• (1) At any time before the trial, or as the case may require a later retrial, either the prosecutor or the accused person, with the leave of the court appealed to, may appeal to the Court of Appeal or the Supreme Court against any of the following orders (whether made in relation to the trial or a later retrial of charges), namely,—

  • (a) against a refusal to make an order under subsection (1) of section 322:

  • (aa) against the making of an order under section 344A, or against the refusal of a Judge to make such an order:

  • (b) against the making of an order under subsection (3) of section 330 or under subsection (3) of section 340, or against a refusal to make any such order:

  • (ba) against the making of an order under section 200, 202, or 205 of the Criminal Procedure Act 2011, or the refusal to make any such order:

  • (c) against the quashing or amendment of the indictment under subsection (2) of section 342, or against a refusal to quash or amend the indictment under that subsection:

  • (ca) against an order under section 345B extending the period allowed for filing an indictment or refusing to do so:

  • (cb) against an order under section 345C excusing the prosecution from the obligation to disclose certain information:

  • (cc) against an order under section 345D granting or refusing leave to file an amended indictment:

  • (cd) against an order under section 346 discharging or refusing to discharge an accused:

  • (d) against the making of an order directing separate trials of persons jointly charged, or against a refusal to make such an order:

  • (da) against the making of an order under section 361D(2) (Judge may order trial without a jury in certain cases that are likely to be long and complex), or against a refusal to make such an order:

  • (db) against the making of an order under section 361E(1) (Judge may order trial without a jury in cases involving intimidation of jurors), or against a refusal to make such an order:

  • (e) against the granting of leave on an application under section 109(1)(d) of the Evidence Act 2006 relating to the identity of a witness, or against the refusal of a Judge to grant such leave:

  • (f) against the making of an anonymity order under sections 112 and 113 of the Evidence Act 2006, or against the refusal of a Judge to make an anonymity order under that section:

  • (g) against the making of an order under section 44 of the Evidence Act 2006 relating to the cross-examination of a complainant, or against the refusal to make such an order:

  • (ga) against the making of an order under section 378A for a person to be retried or against the refusal to make such an order.

  (2) At any time before the trial, the accused person, with the leave of the court appealed to, may appeal to the Court of Appeal or the Supreme Court—

  • (a) against the making of an order under subsection (1) of section 322, or against the imposition by a Judge of any condition under subsection (3) of that section:

  • (b) against a refusal to make an order under the proviso to section 331.

  (3) On an appeal under this section the Court of Appeal or Supreme Court may confirm or vary the decision of the court or Judge (as the case may be), or set the decision aside and make any other order (being an order that could have been made in the first place) that the Court of Appeal or Supreme Court thinks appropriate.

  (4) Where a person desires to obtain the leave of the Court of Appeal to appeal to that court under this section, he shall give notice of his application for leave to appeal in such manner as may be directed by rules of court within 10 days after the decision of the court or Judge is given, irrespective of whether reasons for the decision are given at a later date and irrespective of whether any formal steps to sign, enter, or otherwise perfect the decision are necessary or are afterwards taken.

  (5) The time within which notice of an application for leave to appeal to the Court of Appeal under this section may be given may be extended at any time by the Court of Appeal.

  (6) Notwithstanding that an application for leave to appeal under subsection (1)(aa) has been made, the court may, if it is satisfied that it is in the interests of justice to do so, proceed with the trial without awaiting the determination of the application.

  Section 379A: inserted, on 1 January 1967, by section 8(1) of the Crimes Amendment Act 1966 (1966 No 98).

  Section 379A(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 379A(1): amended, on 15 November 2000, by section 4(1) of the Crimes Amendment Act 2000 (2000 No 57).

  Section 379A(1)(a): amended, on 1 May 1981, by section 15(a) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(1)(aa): inserted, on 1 January 1981, by section 3(2) of the Crimes Amendment Act 1980 (1980 No 63).

  Section 379A(1)(b): amended, on 1 May 1981, by section 15(b) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(1)(ba): inserted, on 1 September 1993, by section 4 of the Crimes Amendment Act (No 2) 1993 (1993 No 46).

  Section 379A(1)(ba): amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was committed before that date in accordance with the provisions of sections 397 and 399–401 of the Criminal Procedure Act 2011), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

  Section 379A(1)(c): amended, on 1 May 1981, by section 15(b) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(1)(ca): inserted, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

  Section 379A(1)(cb): inserted, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

  Section 379A(1)(cc): inserted, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

  Section 379A(1)(cd): inserted, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

  Section 379A(1)(d): amended, on 1 May 1981, by section 15(c) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(1)(da): inserted, on 25 December 2008, by section 4(4) of the Crimes Amendment Act (No 2) 2008 (2008 No 37).

  Section 379A(1)(db): inserted, on 25 December 2008, by section 4(4) of the Crimes Amendment Act (No 2) 2008 (2008 No 37).

  Section 379A(1)(e): added, on 30 September 1986, by section 3 of the Crimes Amendment Act (No 3) 1986 (1986 No 76).

  Section 379A(1)(e): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

  Section 379A(1)(f): added, on 11 December 1997, by section 5 of the Evidence (Witness Anonymity) Amendment Act 1997 (1997 No 103).

  Section 379A(1)(f): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

  Section 379A(1)(g): added, on 14 November 2000, by section 4(2) of the Crimes Amendment Act 2000 (2000 No 57).

  Section 379A(1)(g): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

  Section 379A(1)(ga): added, on 26 June 2008, by section 7 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).

  Section 379A(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 379A(2)(b): amended, on 1 May 1981, by section 15(d) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(3): substituted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 379A(4): amended, on 1 May 1981, by section 15(e) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

  Section 379A(5): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 379A(6): added, on 1 January 1981, by section 3(3) of the Crimes Amendment Act 1980 (1980 No 63).