NEW CRIMINAL APPEAL PATHWAY
PRACTICE NOTE 2026

1. Section 319A of the Criminal Procedure Act 2011 came into force on 1 February 2026. It empowers a judge of this Court to remit to the High Court an appeal or application for leave to appeal against a decision of the District Court filed in the Court of Appeal as the first appeal court under Part 6 of the Criminal Procedure Act.
2. Remission decisions will begin to be made in respect of proceedings filed in the Court of Appeal from Monday 13 April 2026 onwards.
3. Initially, remission decisions will only be made in respect of less complex sentence appeals.
4. This will be kept under review, in consultation with the High Court. It is anticipated that less complex conviction appeals and applications for leave to appeal will also be the subject of remission decisions commencing Tuesday 1 September 2026.
5. Counsel should ensure that notices of appeal, and notices of applications for leave to appeal, contain as much detail as is possible to assist the Court in determining whether remission is appropriate.

Read the full Practice Note here: New Criminal Appeal Pathway – Practice Note 2026