In Queensland, appellate processes and proceedings are not confined in one court only. Some appellate functions are carried out by a District Court Judge and some are lodged in the Supreme Court sitting as the Court of Appeals.
With regards to criminal matters, the appellate jurisdiction of the District Court is limited to matters which were determined by the magistrate court in a trial or proceeding before it and this appellate jurisdiction is exercised by the District Court Judge sitting alone.
The supreme court sitting as a court of appeals is one of the divisions of the supreme court. The court of appeals has jurisdiction over criminal proceedings decided by the District Court and the Supreme Court as well as decisions of the magistrate court. In some instances, the District Court Judge may state a case for the opinion of the Court of Appeals.
The Court of Appeals is composed of a president, who is tasked to ensure orderly and expeditious exercise of the court’s jurisdiction, and not less three but not more than five judges of appeals. The proceedings in the appellate court are manned by three or five judges of appeals constituted in a given time for the case and presided over by the most senior of the judges. The president of the court of appeals is subject to the control and supervision of the Chief Justice.
The decision penned in the appealed case is based on the opinion of the majority of the judges of the appeals present during deliberation and in the event of a tie, the opinion of the most senior judge will apply.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.