The Court of Appeal hears appeals against convictions and sentences imposed by the County and Supreme Courts. All appeals by defendants require leave of the Court.
Applications for leave to appeal
Parties must file their application for leave to appeal and written case within 28 days of the date of sentence. All applications for leave must comply with Practice Note SC CA 1 Criminal Appeals (First Revision).
You can also refer to a sample written case for guidance but this is only indicative as applications for leave must be tailored to the particular circumstance.
- Court of Appeal Form 6-2A Notice of Application for Leave to Appeal against Conviction
- Court of Appeal Form 6-2B Notice of Application for Leave to Appeal against Sentence
Audio recordings of transcripts
To request an audio recording of a transcript of proceedings in the trial court use the request for transcript form available from Victorian Government Reporting Services.
The Court of Appeal also hears interlocutory appeals in criminal matters from the County Court and Supreme Court jurisdictions. For an outline of procedures to be followed in relation to interlocutory criminal appeals please refer to Practice Note SC CA 2 Criminal Interlocutory Appeals (First Revision).
An interlocutory appeal must be commenced within the time frames outlined at Division 4 of Part 6.3 of the Criminal Procedure Act 2009.
Some further documents to assist with filing an interlocutory appeal are listed below:
- Court of Appeal - Criminal - Form 6-3A Notice of Application for Leave to Appeal against Interlocutory decision
- Court of Appeal - Criminal - Form 6-3B notice of application to review of refusal of judge to certify
- Court of Appeal - Criminal - Jurisprudence on interlocutory appeals and reserved questions of law
Applications for an extension of the 28 day period in which to file an Application for Leave to Appeal must be made in accordance with Part 6 of the Supreme Court (Criminal Procedure) Rules 2017 and Practice Note SC CA 1 Criminal Appeals (First Revision). To do this you must file all the following four forms:
- Application for Extension of Time to File
- Affidavit in Support
- Notice of Application for Leave to Appeal
- the Written Case.
Applications for an extension of time to file other documents (after the application for leave to appeal has been issued) are dealt with under the Requests for Extension of time to file documents (Other than Notice of Application for Leave protocol). These applications must be filed electronically via RedCrest, the Supreme Court's eFiling portal.