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Appeals

A party to proceedings in the Youth Court can appeal against any judgment given in the proceedings including an acquittal on a charge of a summary or indictable offence, but not against a judgment in a preliminary examination [see Youth Court Act 1993 (SA) s 22(1)].

An appeal from an interlocutory judgment given by a Magistrate or special justice is instituted by filing the relevant Notice of Appeal in the Youth Court Registry and serving it on all parties [see Youth Court Rules rr 12.01 and 12.03].

Such an appeal must be instituted within fourteen days from the giving of the interlocutory judgment appealed from, or such extended time as the Youth Court may fix [see r 12.04].The Senior Judge may give such directions deemed fit for the conduct of such an appeal [see r 12.05].

An appeal from:

  • an interlocutory judgment given by a Magistrate or special justice is heard by the Senior Judge of the Youth Court [see Youth Court Act 1993 (SA) s 22(2)(a)];
  • a sentence imposed by a Magistrate on the conviction of a person of a major indictable offence is heard by the Full Court of the Supreme Court [see Youth Court Act 1993 (SA) s 22(2)(ba)];
  • any other judgement given by a Magistrate or special justice is by a single Judge of the Supreme Court [see Youth Court Act 1993 (SA) s 22(2)(c); Youth Court Rules r 12.02 for relevant Notice of Appeal];
  • an interlocutory judgment given by a Judge is heard by a single Judge of the Supreme Court [see Youth Court Act 1993 (SA) s 22(2)(b); r 12.02 for relevant Notice of Appeal];
  • any other judgment given by a Judge is heard by the Full Court of the Supreme Court [see Youth Court Act 1993 (SA) s 22(2)(d); r 12.02 for relevant Notice of Appeal].

An interlocutory judgment is a declaration or order related to a matter but which does not finally dispose of the matter. For example, a decision to refer a matter to a family conference is an interlocutory order [see Police v G,PA (2007) 97 SASR 6; [2007] SASC 78]. Such an appeal is by way of re-hearing and is not a hearing de novo (where the matter is heard afresh).

Appeals to the Supreme Court are by way of rehearing whereby the matter is ‘reheard on the evidence taken in the court below with a power in the Supreme Court to receive further evidence ’ [see H,A v Minister for Families and Communities [2005] SASC 339].

On appeal, the appellate court may exercise one or more of the following powers:

  • confirm, vary or quash the judgment subject to the appeal, and in the interests of justice the court may vary or quash any other judgment given in the same or related proceedings [see Youth Court Act 1993 (SA) s 22(3)(a)]
  • remit the matter for hearing or further hearing [see s 22(3)(b)]
  • make any other order (including an order for costs) [see s 22(3)(c)]
Appeals  :  Last Revised: Wed May 1st 2019