A Short Note on Appeals for Criminal Matters

Many individuals undergoing or who have undergone criminal proceedings are unhappy with the outcome as determined by the court. Naturally, such persons will think of appealing the decision in question. Inasmuch as the process seems to speak for itself, it is actually more intricate than one might expect or know from media. Being apprised – even in brief – of the intricacies, can greatly help manage one’s expectations.

When a party is dissatisfied with a judgment, sentence, or order from a court with original jurisdiction, he can file an appeal for an appellate court to reconsider the decision concerned. Appeals typically do not allow new evidence, except under certain circumstances.

In criminal cases, appeals from the Magistrate Courts or the District Courts (collectively, the State Courts) are heard by the High Court and are called Magistrate’s Appeals, while appeals from the High Court are heard by the Court of Appeal and are called Criminal Appeals. Criminal matters can only be appealed once.

Both the offender and the prosecution have a right of appeal. But an offender cannot appeal a conviction if he pleaded guilty unless there are special circumstances; usually (and in most instances for the matter) only his sentence can be appealed.

The appeal process involves several steps: (a) filing a Notice of Appeal, obtaining trial records, other hearing records where relevant and the judge’s decision (or Grounds of Decision), filing a Petition of Appeal, submitting arguments and attending the appeal hearing.

The appellate court can reverse or alter decisions made by the trial court or sentencing court, but intervention is rare and requires a high threshold to be met, such as an error in law or a manifestly excessive/inadequate sentence.

Criminal defence lawyers play a critical role in assessing the feasibility and strategy for appeals and more importantly to my mind, in the competent and proper conduct of any criminal appeal.