Leave to Appeal in Criminal Cases

The right to appeal a conviction and/or sentence in criminal proceedings is fundamental to the administration of criminal justice in accordance with the rule of law. The right to have a conviction or sentence ‘reviewed’ is recognised under international law and, in some Australian jurisdictions, as a specific statutory human right. At the same time, many statutes in Australia provide that an applicant must first obtain leave (or special leave) to appeal a conviction or sentence (and other judgments) before the appeal proper can be determined. There thus exists a tension between the ‘right’ to appeal and the requirement to first obtain ‘leave’ to appeal. This article considers the way in which the law in Victoria, and other jurisdictions, regulates the grant of leave in criminal cases. It also addresses the broader question of whether the requirement of leave can be reconciled with what appears to be an absolute right to have a conviction and sentence ‘reviewed’ under international law, and under the Charters of human rights in the Australian Capital Territory and Victoria

Appeal · Common law · Conviction · Criminal justice · Criminal law · Political science · Sentence · Statute · Statutory law · Criminal Law and Evidence · European Criminal Justice and Data Protection · International Law and Human Rights · Law · Philosophy