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📜 Criminal Appeals Amendment Bill 2019

Legislative Council Second ReadingLABill 10320 February 2019

Amends the Criminal Appeals Act 2004 (WA) to allow second or subsequent appeals against conviction based on fresh/new and compelling evidence. Consequential amendments are made to other related Acts.

Impact

Offenders convicted on indictment are affected, as it provides a new avenue for appeal. This matters because it addresses potential miscarriages of justice.

Key Changes

["Introduces a statutory right for second or subsequent appeals based on fresh/new and compelling evidence.", "Requires special leave from the Court of Appeal for such appeals.", "Defines 'fresh and compelling evidence' and 'new and compelling evidence'."]

Parliamentary Progress

LA IntroducedLA20 Feb 2019
LA Second Reading MovedLA20 Feb 2019
LA Consideration in DetailLA20 June 2019
LA Second Reading AgreedLA20 June 2019
LA AmendedLA20 June 2019
LA Third ReadingLA25 June 2019
LC Second Reading MovedLC27 June 2019

Affected Sectors

justice

Penalty Provisions1 found

administrative

35KAdministrative

Costs against appellant if an application for special leave to appeal is dismissed.

Ref: section 21 applies, with any necessary modifications, as if the order were made under that section.

“(2) The Court of Appeal may order the appellant to pay another party’s costs of, or relating to, the appeal. (3) If the Court of Appeal orders the appellant to pay any costs under subsection (2), section 21 applies, with any necessary modifications, as if the order were made under that section.”

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