What is a criminal revision

A criminal revision allows the High Court to examine the records of a State Courts criminal matter, and correct any irregularities in the decisions. This includes criminal proceedings and criminal case disclosure conferences (CCDC).

Some examples of matters covered by criminal revisions include:

  • Retracting a plea of guilt.
  • Setting aside a sentence that is not within the punishment that is prescribed by the law.
  • Amending charges for which plea has been taken and sentence passed.

The accused or prosecution in a State Courts criminal case may apply for a criminal revision.

How to file a criminal revision

You need to file a criminal revision via eLitigation.

You should provide the following information in your application:

  • Information on your original case (case number, date, parties involved).
  • A Petition of Revision form.
  • A supporting affidavit: a signed statement made under oath that explains the reasons for your application.
  • If your original case involves a State Courts hearing, you should include the record of proceedings (the transcripts and documents related to the proceedings).

After filing a criminal revision

After you file a criminal revision, the High Court will inform you of your hearing date via post or email.

You have to attend court and explain your case. The judge will decide whether to approve or reject your application.

You cannot appeal the court’s decision if your application is rejected. However, you may refer a question of law of public interest to the Court of Appeal if your case qualifies. (1)

Resources

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