skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Procedure

The completed Notice of Appeal must be filed within 21 days of the date of the judgment, decision or order being appealed [see Joint Criminal Rules 2022 (SA) r 185.1 and 185.3]

The appellant must serve the Notice of Appeal on both the other party and the registrar of the court where the decision being appealed was made, as soon as practicable [r 185.4].

A person who is in custody may apply to the court that sentenced them for bail while awaiting the outcome of their appeal.

In driving cases where the court has disqualified a person from driving (cancelled or suspended the licence), if the defendant appeals they can return to the court which imposed the disqualification and ask for the order of disqualification to be suspended until the appeal is heard. Before the application to suspend disqualification can be heard, the Notice of Appeal must first be filed in the Supreme Court and a copy of the notice must be served on the Magistrates Court which sentenced them. If the suspension of disqualification is granted by the Magistrates Court, then the defendant must show the Registrar of Motor Vehicles that such an order was made and that the appeal has been instituted and they will be able to continue driving until the appeal is heard and decided [Motor Vehicles Act 1959 (SA) s 139A].

Procedure  :  Last Revised: Fri Aug 26th 2022
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.