CRI 6 - Appeals and Procedures

Appeals

• Appeals against judgments, sentences, or orders of courts, or decisions of the General Division of the High Court can be made as per the Code or other written laws.
• Appeals can be made on questions of fact, law, or mixed fact and law.
• The Public Prosecutor can appeal against an accused's acquittal, sentence, or a trial court order.
• A convicted person's appeal is against their conviction, sentence, or a trial court order.
• An appeal against a conviction cannot be made until a sentence is imposed.
• Appeals against decisions made by Magistrates, District Judges, Registrars of State Courts, or Registrars of the Supreme Court in criminal cases are not allowed.
• Appeals against decisions of the General Division of the High Court are made to the Court of Appeal, not the Appellate Division.
• Appeals against guilty pleas are limited to the legality of the sentence.
• Appeals against acquittal and sentence in private prosecutions are not allowed.

Procedure for appeal

• A person dissatisfied with a trial court's judgment, sentence, or order can appeal to the appellate court on the ground that the sentence is excessive or inadequate.
• A notice of appeal must be lodged with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court) or the Registrar of State Courts (if the trial court is a District Court or Magistrate's Court).
• The notice must be lodged within 14 days of the sentence date for appeals against conviction or sentence, and within 14 days of the judgment, sentence, or order in other cases.
• The notice must briefly state the judgment, sentence, or order appealed against, include an address for service, and be signed by the appellant or their advocate.
• The notice of appeal in a case heard by the General Division of the High Court must be signed by the Public Prosecutor.
• A petition of appeal must be lodged with the relevant registrar within 14 days of the record and grounds of decision being served.
• The petition must state the substance of the judgment, sentence, or order appealed against, and contain sufficient particulars of points of law or fact in which the appellant claims the trial court erred.
• If the petition of appeal is not lodged within time, it is considered withdrawn.
• Notice of appeal withdrawal can be lodged with the court before the petition is lodged.

Decision on Appeal

• The appellate court can dismiss the appeal if no sufficient ground for interference is found, or make orders such as reversing the acquittal and ordering a retrial of the accused, finding the accused guilty and sentencing accordingly, altering the sentence, or altering the nature of the sentence, or reversing any other order as deemed fit.
• In cases where the accused pleaded guilty and an appeal is made, the appellate court can set aside the conviction or make any other order that is just.
• If the appeal is against an acquittal, the appellate court may order a retrial or find the accused guilty and pass sentence accordingly.
• If the appeal is concerning a sentence, the appellate court can alter the sentence or alter its nature.
• Nothing prevents the appellate court from making suitable orders.
• If there is an error in law, or the evidence warrants a different decision regarding conviction, and the sentence is deemed excessive or inadequate, the appellate court can reverse the lower court order.

Summary Rejection of Appeal

• If the grounds of appeal do not raise a question of law and the evidence supports the conviction, without reasonable doubt, the appeal may be summarily rejected.

Procedure at Hearing

• At the hearing, the appellate court must hear the appellant (or advocate), the respondent (or advocate), and allow the appellant to reply.
• If the appellant is in custody and does not attend, the court may hear and decide on the appeal.
• The appeal court may also proceed in the respondent's absence, provided they're properly notified.

Arrest of Respondent

• If the Public Prosecutor intends to appeal against an acquittal, the court may order the accused to be held in custody for up to 24 hours pending the filing of the appeal by the Prosecutor.

Taking Additional Evidence

• Additional evidence may be taken in the appellate hearing or directed to the trial court for taking by the lower court.
• The written record of additional evidence taken by the lower court must be sent to the appellate court for consideration.

Death of Party to Appeal

• If a party to an appeal dies, another person may continue the case if approved by the High Court, within one year of the death (relatives, estate representative, etc.).

Grounds for Reversal

• Appeals are accepted only if there is error in law, evidence disputes the conviction, or if the sentence is deemed excessive or inappropriate.

Public Prosecutor to File Petition for Confirmation

• The Public Prosecutor must file a petition for confirmation with the appropriate registrar when a death penalty sentence is passed by a trial court within designated timelines.

Court of Appeal to Review Death Sentence

• The Court of Appeal reviews the conviction and sentence if one is in question, when appropriate.

Criminal Revisions

• Criminal revision is used when a lower court order is fundamentally wrong, inadequately excessive, or where a miscarriage of justice has occurred.
• Revisions are used to review orders and judgments of lower courts, focusing on their correctness, legality, and appropriateness.