A prison sentence from the District Court is short but immediate. Three mechanisms exist, or are about to exist, for having a judge look at it.
Appeal against sentence
A person convicted may appeal against sentence alone under section 219(1), and under section 230(1)(b) the National Court may mitigate or increase a penalty or fine. The test is whether the sentence involved a substantial miscarriage of justice, which in sentencing terms means an error of principle, a failure to take a relevant matter into account, or a sentence manifestly excessive for the offence and the offender. The National Court can also, under section 230(1)(e), exercise any power the District Court had, so it can substitute a fine, a conditional discharge under section 132 or a community work order. The Public Prosecutor may appeal a sentence for a section 420 offence under section 219(4). The mechanics and time limits are in appeals, and release meanwhile in release pending appeal.
Habeas corpus and certiorari
(1) A person brought before the National Court or a Judge on habeas corpus shall not be discharged from custody by reason of a defect or error in a warrant of commitment of a Court, unless the Court or one of the Magistrates and the prosecutor or other party interested in supporting the warrant have received reasonable and sufficient notice of the intention to apply for the discharge.
(2) The notice shall require the Court or Magistrate to transmit to the National Court the conviction or order on which the commitment was founded, and the depositions and information or complaint intended to be relied on.
The point of the section is that a bad warrant does not by itself free a person who was validly convicted. Section 240 provides that if the conviction and depositions show that the offence was established and the judgment in substance warranted, and the defects are of form only, the National Court shall allow the warrant and may allow the conviction to be amended, and the person is remanded to his former custody. Section 241 applies the same to certiorari, section 242 lets the notice be given before or after the writ and dispensed with where copies are produced or the committal documents have gone to the Public Prosecutor, and section 243 lets the National Court grant bail while it considers the case and remand the person to serve the rest of the term if the judgment goes against him. See what is habeas corpus.
| Will secure release | Will not |
|---|---|
| No conviction at all behind the warrant | Wrong date or name on the warrant where the conviction is good (s 207, s 240) |
| Sentence exceeds what the law allows, and cannot be corrected by amendment | Sentence within the maximum but arguably too long: that is an appeal |
| Detention continued after the term has expired, or after payment of the fine (s 203) | Detention under a warrant for a fine where the default term was lawfully fixed under s 201 |
| Conviction a nullity, e.g. altered after pronouncement (Ex parte Acting Public Prosecutor) | Complaint that the evidence was insufficient |
The 2009 review of terms of imprisonment
(1) Notwithstanding anything in this Act, a term of imprisonment imposed on a defendant in a hearing in a criminal proceeding under Part VII may be reviewed by the National Court. (2) Where the National Court decides to review, it directs the District Court to forward the information, depositions, statements, documents and the conviction order to the Registrar and the Public Prosecutor. (3) The National Court may (a) affirm, quash or vary the conviction; (b) remit the case for hearing; or (c) make such further orders as the case requires. (4) The defendant may be admitted to bail before the session at which the term is to be reviewed. (5) A party shall not seek any redress under any law after the matter is determined for review and before the review is determined.
The 2009 Act was certified in February 2012 and comes into operation on a notice by the Head of State in the National Gazette. The consolidation on which this series is based records that it had not commenced. When it does, section 171A will give the National Court a review of District Court prison sentences that does not depend on an appeal being lodged within a month or a recognizance being given; it resembles the Juvenile Justice Act’s review provisions in sections 87 to 90. Until then the routes are appeal and habeas corpus. Check with the registry whether the Act has commenced.
Which route
| Complaint | Route |
|---|---|
| Sentence too long for the offence | Appeal, within one month; or s 171A once commenced |
| Convicted on a plea that was equivocal or a charge that disclosed no offence | Appeal against conviction |
| Sentence exceeds the statutory maximum | Appeal; certiorari; habeas corpus if not amendable |
| Held after the term expired or the fine was paid | Habeas corpus; Constitution s 42(5) inquiry |
| Held on a warrant with a clerical error | Nothing: s 207 and s 240 will save the warrant |
| Magistrate altered the sentence after pronouncing it | Certiorari to quash the alteration |
Fine defaulters
A person imprisoned in default of a fine has an additional route out that involves no court: payment of the balance to the Clerk or the officer in charge, which under section 203 requires immediate discharge, and part payment, which under section 202 reduces the term proportionately. See unpaid fines. A judgment debtor imprisoned under section 192 is likewise released on payment under section 196, or by order in special circumstances.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.