Criminal Appeals The Supreme Court of Appeal is the court of appeal in respect of appeals and questions of law reserved in connection with criminal cases heard by a high court, except in cases where a court granting leave to appeal is satisfied that the appeal does not require the attention of the Supreme Court of Appeal. In such cases it directs that the appeal be heard by a full court. There is no automatic right to appeal, but leave to appeal is required of the court of first instance. If the intended appeal is against the decision of a full court, special leave to appeal to the Supreme Court of Appeal is required. If a special entry of an irregularity or illegality in the proceedings is made on the record, the person convicted has a right to appeal to the Supreme Court of Appeal. Questions of law arising in a high court may be reserved at the behest of the State or the accused for consideration by the Supreme Court of Appeal. The Director of Public Prosecutions may appeal to the Supreme Court of Appeal against the sentence imposed on an accused by a high court, but requires leave in accordance with the relevant legislation.
Posted on: Thu, 18 Dec 2014 06:30:17 +0000
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