CRI 6 - Appeals and Procedures

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Questions and Answers

What is required within 14 days after the date of the sentence for an appeal to proceed?

Request for bail pending appeal

Submission of additional evidence

A petition for review

Notice of Appeal (correct)

Under which condition can an appeal against a plea of guilty be made?

If new evidence has emerged

Only on the legality of the sentence (correct)

On the basis of insufficient representation

For any procedural irregularity

What happens to an appeal if the petition is not filed within the stipulated timeframe?

The appeal is automatically considered withdrawn (correct)

The appeal can still go to hearing

The appeal may proceed if justification is given

The court may grant an extension

Which of the following statements about the appeal process is true?

The court may make orders as it deems fit Signup and view all the answers

In what situation can an appeal be summarily rejected?

If there is no question of law Signup and view all the answers

What must the Court of Appeal do when reviewing a death sentence?

Set aside the death sentence Signup and view all the answers

Which of the following conditions is necessary for a private prosecution to appeal against an acquittal?

There can be no appeal against acquittal or sentence Signup and view all the answers

What is the role of the Public Prosecutor in the appeal process according to the provisions?

To file a petition for confirmation Signup and view all the answers

When can the appellate court take additional evidence during the appeal process?

As per the discretion of the court Signup and view all the answers

How many judges are typically involved in hearing appeals, unless directed otherwise?

One judge Signup and view all the answers

How do criminal motions differ from appeals?

Criminal motions are supplementary actions. Signup and view all the answers

What is the minimum notice required before hearing a criminal motion?

7 days Signup and view all the answers

What does Amarjeet Singh v PP clarify regarding criminal motions?

They cannot bypass the rule against appeals for certain rulings. Signup and view all the answers

Which form is specifically related to the variation of bail in criminal motions?

Form 73 Signup and view all the answers

What is a crucial difference between criminal motions and criminal revisions?

Criminal revisions ask for supervision from a higher court due to errors. Signup and view all the answers

What is allowed concerning the adjournment of criminal motions?

They may be adjourned multiple times. Signup and view all the answers

What action must be taken with the notice of motion prior to a hearing?

It must be served 7 days before the hearing. Signup and view all the answers

Which aspect is NOT a function of a criminal motion?

Final judgment rendering Signup and view all the answers

Which form is used for the adduction of further evidence?

Form 75 Signup and view all the answers

In terms of hearings, how can a criminal motion be dealt with?

In absence of parties if necessary. Signup and view all the answers

Which statement correctly describes who can appeal in a criminal case?

Only a party involved in the case can appeal. Signup and view all the answers

What is the timeframe within which a Notice of Appeal must be filed?

14 days Signup and view all the answers

Under what circumstance can new grounds be raised in a Petition of Appeal?

New grounds cannot be raised if not included in the Notice of Appeal. Signup and view all the answers

What must be demonstrated for the court to reverse a conviction?

An error in law or an excessive sentence must be shown. Signup and view all the answers

What does the stay of execution of sentence pending an appeal allow?

Suspension of the sentence until the appeal is resolved. Signup and view all the answers

Which of the following types of decisions can be appealed?

Orders regarding compensation Signup and view all the answers

Which of the following is NOT allowed in the context of appeals?

Lodging an appeal beyond the allowed timeframe. Signup and view all the answers

What triggers the Grounds of Decision in an appeal process?

The filing of the Notice of Appeal. Signup and view all the answers

Which statement about the appeal process is accurate?

Both parties in a case can apply for an extension to file an appeal under certain conditions. Signup and view all the answers

What is one function of a Petition of Appeal?

To request the court to review decisions made during earlier proceedings. Signup and view all the answers

What is a key characteristic that distinguishes criminal revisions from appeals?

Criminal revisions are used to address clear errors on the face of the record. Signup and view all the answers

In which scenario can court revisionary jurisdiction NOT be invoked?

After a trial has concluded. Signup and view all the answers

What must be demonstrated for a court to exercise revisionary powers in the case of an error?

Material and serious injustice caused by the error. Signup and view all the answers

What is the primary purpose of a criminal motion?

To introduce fresh evidence or request bail during an ongoing process. Signup and view all the answers

What must occur for a lower court's sentence to trigger revisionary powers?

The punishment must fall outside of the legally prescribed limits. Signup and view all the answers

Under what section is there no appeal against certain orders made by lower court judges?

s374(5) Signup and view all the answers

Which of the following accurately describes the nature of criminal revisions?

They address significant judicial errors that could lead to a miscarriage of justice. Signup and view all the answers

What is one example of 'serious injustice' mentioned in relation to criminal revisions?

A lower court imposes a sentence outside the prescribed punishment. Signup and view all the answers

What powers does the General Division of the High Court hold in revisions?

To call for records and review lower court decisions. Signup and view all the answers

Which situation would NOT typically involve a criminal motion?

Challenging the constitutionality of a law. Signup and view all the answers

Study Notes

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.

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Description

This quiz covers the processes and regulations related to making appeals in a legal context. Topics include appeals against judgments, sentences, and the role of the Public Prosecutor. Test your knowledge of the different types of appeals and the specific rules governing them.