A person who is represented at a hearing by a lawyer need not attend.
The matter is argued first by the lawyer of the person who is appealing, who puts to the judge legal propositions and previous cases (precedents) supporting the appellant's case. The respondent's case is then argued, usually by the Crown Solicitor, who takes cases over from the police (and other Government departments and statutory authorities) when they move to the Supreme Court. Again legal propositions and precedents are put to the judge, this time in support of the opposing view of the case.
If the appeal is allowed, the judge may:
- send the case back to the Magistrates Court for re-hearing, normally before a different magistrate
- in an appeal against conviction, quash the conviction (as if it had never happened)
- in an appeal against sentence, fix whatever new penalty the Judge considers appropriate.[see Magistrates Court Act 1991 (SA) s 42(5)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.