A person who is represented at a hearing by a lawyer need not attend.
The matter is argued first by the lawyer of the person who is appealing, who puts to the judge legal propositions and previous cases (precedents) supporting the appellant's case. The respondent's case is then argued, usually by the Crown Solicitor, who takes cases over from the police (and other Government departments and statutory authorities) when they move to the Supreme Court. Again legal propositions and precedents are put to the judge, this time in support of the opposing view of the case.
It is up to the judge to decide which argument is correct. The appeal might be allowed or dismissed, with or without costs being awarded against the appellant.
If the appeal is allowed, the judge may:
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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