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Appeals

This page has information about appealing a magistrate's decision.

What is an appeal?

You may be able to appeal a local court decision to the district court. An appeal is where you ask the district court to look at the local court's decision. When you appeal you are asking for the decision of the local court to be changed or cancelled.

You may want to appeal if:

you don't agree that there was enough evidence to find you guilty and/or
you think the sentence is too harsh.

Deciding to appeal

Before deciding to appeal, you should consider:

whether you have a good case to appeal
the risk of getting a harsher penalty in the district court
what to put in a notice of appeal form.

Icon - alert Before you appeal, you should get legal advice.

Time limit

An appeal must be filed with the court within 28 days from the date of the sentence.

If it is more than 28 days but less than three months after the decision, it is possible for the district court to give leave (permission) to appeal.

How to appeal

If you would like to appeal a local court decision, you will need to complete a Notice of Appeal to the District Court form.

You need one form:

Notice of Appeal to the District Court

You can get copies of the form from:

any local court or
the Local Court website.

You will need to complete the form and file it at the local court that sentenced you. You will need to pay a filing fee. The current fee for a single offence is $122.00 and $191 for multiple offences arising from the same court appearance (as at 1 July 2021).

What happens after you file your appeal?

After you file your appeal, your penalty is stayed. This means any penalty you received, including a licence disqualification, will be delayed until your appeal is decided by the district court. The only exception to this is if you were sentenced to a term of imprisonment. You can apply for bail. You should get legal advice.

If your licence was disqualified, you will need to contact Transport for NSW (TfNSW) (formerly known as Roads and Maritime Services or RMS) to find out if you can drive and get a new licence issued if your licence has been surrendered. You should not drive without a licence.