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Can an intervention order be appealed?

An intervention order can be appealed to the Supreme Court within 21 days of the Magistrates Court making an order in relation to the intervention order. However, permission to appeal would ordinarily need to be requested and granted before an appeal itself is heard.

As there are cost risks associated with an unsuccessful appeal, legal advice should always be sought before commencing an appeal (which would include a request for permission to appeal).

Although intervention orders are not criminal in nature, the Magistrates Court Rules 1992 (Criminal) (SA) provide that the jurisdiction to hear and determine them is vested in the Criminal Division of the court [see Rule 4.07]. A party to an action in the criminal division of the Magistrates Court (including an intervention order) can appeal against a judgment [see Magistrates Court Act 1991 (SA) s 42]. That appeal lies to a single Judge of the Supreme Court of South Australia [s 42(2)(b)], and must be lodged within 21 calendar days of the date of the judgment being made in the Magistrates Court [Supreme Court Civil Rules 2006 (SA) Rule 281; see also Supreme Court Criminal Rules 2014 (SA) Rule 6 which states that the Supreme Court Civil Rules govern criminal appeals before a single Judge].

If an application is made after the 21 calendar day time limit, an extension of time would need to be sought and granted in addition to permission to appeal being sought and granted.

Permission to appeal must be requested together with the appeal as case law has determined that the action of a Magistrate in making a judgment on an intervention order (including ordering a final intervention order) is an interlocutory judgment [see Magistrates Court Act 1991 (SA) s 42(1a); Groom v Police (No. 3) [2013] SASC 93; Marley-Duncan v Police [2015] SASC 146]. Permission may be granted where there are special reasons why it would be in the interests of justice to have the appeal determined [Magistrates Court Act 1991 (SA) s 42(1a)(c)]. For these types of cases, this means that there must be at least an arguable case for the appeal [see Thakur v Police [2016] SASC 75 at [26]].

A confirmed intervention order will remain in force until an appeal is determined.

Can an intervention order be appealed?  :  Last Revised: Fri Aug 24th 2018
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