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Appeal a sentence or conviction

Who can make an appeal?

Both the prosecutor and the offender have the right to lodge an appeal. This means a higher court will look at the case again.

The offender may lodge an appeal against being found guilty or against the sentence.

The prosecutor can appeal against the sentence if they think it wasn’t adequate for the crime or not legally correct. The prosecutor cannot appeal against an acquittal (this is when the court throws out the charges against the offender).

As an individual, you cannot lodge an appeal against the sentence or an acquittal. However, if you consider that a sentence imposed is too lenient, you can contact the Director of Public Prosecutions about a sentence and your concerns.

You must make your concerns known to the Director of Public Prosecutions within 28 days of the sentence being imposed.

What happens if the court upholds the appeal?

If the court upholds the appeal it can make a number of decisions, like:

• changing the sentence given to the offender
• ordering a re-trial, where you and all the other witnesses give evidence again
• acquitting the offender, which means they’re free to go and the charges are thrown out.

Last modified 10th November 2016