State abolishes de novo appeals of criminal cases to the County Court

Criminals challenging a Magistrates’ Court conviction or sentence are to lose their right to an automatic rehearing of their case by a judge.

Legal reforms will be introduced to state parliament.

EXCLUSIVE: Criminals challenging a Magistrates’ Court conviction or sentence are to lose their right to an automatic rehearing of their case by a judge.

Under the current de novo system of criminal appeals to the County Court, witnesses and victims are recalled and all evidence is heard afresh.

Crucially, appellants must be given a warning that a judge is considering a higher sentence in which case they have the option to withdraw the appeal at that time.

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Under reforms to be introduced to parliament on Wednesday, appeals against conviction and against sentence would be decided on the basis of transcripts of the evidence that was before the magistrate.

An accused will also no longer be able to change their plea on appeal without leave under the new laws.

In sentence appeals, the magistrate’s reasons must be taken into account and a penalty will be altered only if the judge finds a compelling reason to impose a different one.

Also, leave will be required for any plea change on appeal.

De novo appeals against final orders by the Family Division of the Children’s Court will also be abolished.

Attorney-General Martin Pakula said the reforms recognised an accused person’s right to challenge their conviction or sentence where appropriate.

“We’re modernising Victoria’s appeal processes, to minimise harm to victims and witnesses,” he said.

“A fair right to appeal is a crucial part of an effective justice system.

“This is about ensuring that the time and resources of the state’s higher courts are used in a more efficient and effective way.”

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