📜 Criminal Appeals Amendment Bill 2021

Assented toLABill 3511 August 2021

The Criminal Appeals Amendment Bill 2021 (WA) amends the Criminal Appeals Act 2004 to allow further appeals against conviction based on fresh or new compelling evidence. It also makes consequential amendments to related Acts.

Impact

This bill affects individuals convicted of offences on indictment in Western Australia, providing them with a potential avenue for appeal if new evidence emerges. It aims to address potential miscarriages of justice where fresh or new evidence surfaces after all existing appeal avenues have been exhausted.

Key Changes

["Introduces a right to a second or subsequent appeal against conviction based on fresh and compelling evidence or new and compelling evidence.", "Requires leave of the Court of Appeal for each ground of appeal.", "Sets out the conditions under which the Court of Appeal must allow or dismiss an appeal."]

Parliamentary Progress

LA IntroducedLA11 Aug 2021
LA Second Reading MovedLA11 Aug 2021
LA Second Reading AgreedLA7 Sept 2021
LA Consideration in DetailLA7 Sept 2021
LA Third ReadingLA7 Sept 2021
LC Second Reading MovedLC8 Sept 2021
LC Second Reading AgreedLC14 June 2022
LC Third ReadingLC15 June 2022
Royal Assent24 June 2022

Affected Sectors

justice

Penalty Provisions1 found

administrative

35JAdministrative

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

Ref: section 21

“(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 Part 2.”

View on Parliament website →Bill PDF EM PDF