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 committal proceedings [see Youth Court Act 1993 (SA) s 22(1)].

An appeal from an interlocutory judgment given by a magistrate or judicial registrar is instituted by filing a Form 183Y Notice of Appeal from Interlocutory Judgment of Magistrate, Special Justice, Judicial Registrar, and Form 183S Appeal Grounds (part of Notice of Appeal) and serving it on all parties [Joint Criminal Rules 2022 (SA) rr 185.3 and 185.4].

Such an appeal must be instituted within 21 days from the giving of the interlocutory judgment appealed from, or such extended time as the Youth Court may fix [Joint Criminal Rules 2022 (SA) r 185.1(1)]. The Judge may give such directions deemed fit for the conduct of such an appeal [Joint Criminal Rules 2022 (SA) r 188.1].

An appeal from:

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 for an example of a civil appeal].

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