A District Court judge hearing an appeal from the Local Court under s 11 of the Crimes (Appeal and Review) Act 2001 exercises appellate, not supervisory, jurisdiction and has no express power to remit matters to the Local Court under s 20 (though the question of implied power remains open). Failure by a magistrate to address the mandatory requirements of s 57 of the Legal Aid Commission Act 1979 when an accused has lodged a bona fide appeal against refusal of legal aid constitutes a denial of procedural fairness and a miscarriage of justice warranting the setting aside of any resulting conviction.
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