After court (Victims)

Appeals

After the offender is convicted of the offence, they may appeal their conviction or sentence to the District Court within 28 days.

The prosecutor may also appeal the sentence if they think it is too lenient. The prosecutor can’t appeal a not guilty verdict.

You can’t appeal any outcome because you weren’t a party to the case.

An appeal involves a re-hearing of the evidence that was given at the first hearing. The court will look at the documents and other items tendered and the transcripts from the first hearing. The court may also consider new evidence. This will depend on the type of appeal and the circumstances of the offence. The court will also hear submissions from the offender and the prosecutor.

You won’t need to go to court or give evidence again during the appeal.

You can’t give a victim impact statement in an appeal matter. However, the appeal court will have a copy of your previous statement.

For more information, see Appeals to the NSW Court of Criminal Appeal on the Office of the Director of Public Prosecutions website.

How you will know if the offender appeals

The prosecutor must tell you if the offender appeals, and explain:

• the type of appeal the offender has lodged
• the appeal process, including possible outcomes.

If the offender applies for bail while their appeal is heard, the prosecutor must:

• tell you about their bail application, and any applications to vary their bail conditions
• consult with you about your need for protection before the offender’s application is heard
• promptly tell you the outcome of any bail application, including any special bail conditions in place to protect you or your family.

For more information, see Chapter 5. Victims and witnesses of the prosecution guidelines on the Office of the Director of Public Prosecutions website.

Victims Registers

If you want information about the offender while they are in custody, you can apply to:

• The Corrective Services NSW Victims Register for information about adult offenders
• The Specialist Victims Register provides for information about forensic patients
• The Youth Justice Victims Register for information about young offenders.

For more information, see Apply to a victims register.

Parole

If the offender is sentenced to prison, they may be able to apply for parole when eligible.

If the offender is sentenced to more than three years and one day in prison, the State Parole Authority will decide whether to grant them parole.

All victims are entitled to make a written submission to the State Parole Authority about an offender’s parole application.

For more information, see Victim submissions about parole.

Apprehended violence orders

If an apprehended violence order (AVO) is made against the offender, it will stay in place for:

• the time decided by the court, or
• the time specified under law.

Apprehended domestic violence orders

If an apprehended domestic violence order (ADVO) is made against the offender, and they are sentenced to full time gaol for a serious offence, the court can order that the ADVO remains in force while the offender is in goal and for two years after their goal term is finished.

For more information, see Types of AVOs in the AVO’s topic.

If the offender does not follow the AVO

While there is an AVO in place against the offender they must follow the orders in the AVO. If they don't, they may breach their AVO and be charged with a criminal offence.

If the offender breaches their AVO, you should speak to the police.

For more information, see Reporting a breach in the AVO’s topic.

The police can enforce an ADVO made in NSW and any other Australian state or territory and a registered foreign order.

Apprehended personal violence orders

Apprehended personal violence orders (APVOs) are not nationally recognised and enforceable. However, you can register an APVO made in NSW in another Australian state or territory or in New Zealand so that it can be enforced. Likewise, you can register an interstate APVO, known as an External Protection Order, in NSW so that it can be enforced. This can be done by you or the police.

For more information, see Interstate orders in the AVO’s topic.

How an AVO might affect you

If there is an AVO against the offender, this may affect your:

• tenancy
• home
• job
• visa.

For more information, see Consequences for the protected person in the AVO’s topic.

Parenting

If you and the offender have a child together, an AVO might affect your parenting arrangements. For more information, see Apprehended Violence Orders and Family Law in the AVO’s topic.

Property settlements

If you have significant assets with the offender, you may need to negotiate a family law property settlement. For more information, see Property settlements in the My family or relationship topic.

Last updated: May 2026