Actions in Respect of Court Appeals (Criminal)
| Nature of action | Time Limit Period | Legislation | Provision |
| Application by a victim of an act of violence to the scheme manager for victim assistance. | 3 years after:
· the act of violence happens; · for an application by a related victim, the death of the primary victim of the act; or · for a victim who is a child, the day the child turns 18. |
s 54 Victims of Crime Assistance Act 2009 (Qld) (note: this Act has replaced the Criminal Offence Victims Act 1995 (Qld)) | Application must be made within 3 years after the act of violence happens; OR if applicant is a CHILD, within 3 years after turning 18; OR if the applicant is a related victim, within 3 years after the death of the primary victim.
The scheme manager has, upon application, discretion to extend the time if the scheme manager considers it would be appropriate and desirable to do so: s 54(2) Victims of Crime Assistance Act 2009 (Qld). |
| Application to the scheme manager for funeral expense assistance. | 3 years after the death of the primary victim. | s 58 Victims of Crime Assistance Act 2009 (Qld) | An application for funeral expense assistance must be made within 3 years after the death of the primary victim.
The person who makes the application must be one who incurs, or is reasonably likely to incur, funeral expenses for the funeral of a primary victim of an act of violence: s 56 Victims of Crime Assistance Act 2009 (Qld) |
| Appeal from decision of Magistrates Court to single judge of District Court (criminal). | 1 month after the date of the order made by justices or a justice. | s 222 Justices Act 1886 (Qld) | A person may appeal to a District Court judge within 1 month after the date of the order made by justices or a justice in a summary way. |
| Appeal from magistrate’s decision to dismiss a private complaint to a judge of the Supreme Court in chambers. | 28 days after the date when the magistrate’s decision is pronounced. | s 102D Justices Act 1886 (Qld) | A person aggrieved by the decision of a magistrate upon an application made under s 102C (application for dismissal of frivolous or vexatious complaints) to dismiss a private complaint or to refuse the application may appeal from that decision to a judge of the Supreme Court in chambers by way of an application made by originating summons: s 102D(1).
Such an appeal: · shall be instituted within 28 days after the date when the magistrate’s decision is pronounced; and · shall be by way of hearing de novo; and the decision of the judge in such an appeal shall be final. s 102D(2). |
| Appeal to Court of Appeal against conviction or sentence (criminal). | 1 calendar month of the date of such conviction or sentence. | s 671 Criminal Code 1899 (Qld) | Any person convicted shall give notice of appeal or notice of application for leave to appeal within 1 calendar month of the date of such conviction or sentence. |
| Appeal from Court of Appeal to High Court (criminal) (application for leave to appeal). | 28 days of the judgment from which an appeal is sought being pronounced. | r. 41.02.1 High Court Rules 2004 (Cth) | Application for leave to appeal to be made within 28 days of the judgment from which an appeal is sought being pronounced: (r. 41.02.1)
When application is out of time: · application should seek an order that compliance with the time limit be dispensed with; and · file and serve affidavit explaining delay (r 41.02.2). |
| Appeal to High Court (criminal) (notice to appeal). | 14 days after the latest grant of leave/special leave to appeal, the date of judgement below. | r. 42.03 High Court Rules 2004 (Cth) | A notice of appeal must be filed within 14 days of the latest of the following:
· grant of leave to appeal; · grant of special leave to appeal; · date of the judgment below. (r. 42.03) |