Respondent

There are certain circumstances which may arise under which the Department of Home Affairs or the Attorney General may make a reference to the Staff of Government Division, namely:-

where a person has been found not guilty by reason of insanity or found guilty by a jury to be under disability the Department of Home Affairs may at any time refer the whole case to the Appeal Division;
where a person tried on information has been acquitted (whether in respect of the whole or part of the information), the Attorney General may seek the opinion of the Appeal Division on a point of law which has arisen in the case;
if it appears to the Attorney General that the sentencing of a person has been unduly lenient or the court has erred in law as to its powers of sentencing;

What happens first?

Once the reference has been received by the Court Office and a copy has been served upon you, the respondent, the matter will be allocated a date for a directions hearing.

This initial hearing generally lasts about half an hour. Although there will usually be two judges sitting at the main hearing of the appeal, there will only be one judge sitting at the directions hearing. The judge will set out the timetable for the matter, and set any dates for the filing of documents.

Do I have to attend the initial (directions) hearing?

Who will be in the courtroom?

The Staff of Government Division is usually an 'open' court. This means you may see the following people in the courtroom:-

the two judges;
the advocate for the Attorney General or Department of Home Affairs (appellant party);
your advocate;
any witnesses called to give evidence (after they have given their evidence);
the court clerk;
the court usher;
the dock officer;
any members of the public sitting in the public gallery; and
the media (newspapers, radio, etc).

What should I call the judges?

Both the judges are addressed as;

Your Honour

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge, or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. you must then hand them to a member of the court staff, usually the court usher or the court clerk, who will then pass them to the judge.

What do I do when I get to court?

If you are in custody, you will be escorted to the courthouse and taken to the dock.

If you are not in custody, when you arrive at the courthouse you will have to pass through security.

You and/or your advocate should then let the main courthouse reception know that you have arrived. They will tell you which courtroom you need to go to, and where the right waiting area is.

When it is time for the hearing you will be called and escorted to the dock or such other position in the courtroom as the court may direct.

The hearing

In the main hearing there will be two judges. Neither of the judges will have been involved with the original case.

Under S37 of the Criminal Jurisdiction Act 1993 the Appeal Division may, if it thinks necessary in the interests of justice:-

order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Appeal Division, whether or not he was called at the trial;
order the examination of any such witness to be conducted before any judge or justice of the peace or other person appointed by the Appeal Division for the purpose, and allow the admission of any depositions so taken as evidence before the Appeal Division.

Judgment/Final hearing

After the hearing, the judges will retire to consider their decision. The Judges may not be able to give their decision immediately, in which case judgment will be reserved and the parties will be asked to attend court at a later date when all matters have been considered and the judgment is able to be delivered.

For more information concerning the powers of the Staff of Government Division in respect of references please refer to Sections 39, 40, & 41 of the Criminal Jurisdiction Act 1993.

Final written judgments may be published on Judgments Online at the discretion of the judge.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

Courts of Justice