3. Appeals

Question 1

From whom is permission to appeal first sought?

Answer 1

The court that made the initial judgment

Question 2

If the court that made the judgment refuses to grant permission to appeal, what is an applicant’s other option at this stage?

Answer 2

Apply for permission from the court to which the case will be appealed

Question 3

What two criteria, of which either will be enough, are required for the court who will hear the appeal to grant permission?

Answer 3

1. Claim looks to have a real prospect of success, or
2. There is another pressing reason to hear the case

Question 4

In a criminal case, if a defendant has pleaded guilty, what cannot be appealed?

Answer 4

The verdict.

Only the sentence can be appealed where a defendant has pleaded guilty.

Question 5

In a criminal case in Magistrates Court, on what ground can either party apply to the High Court to hear an appeal?

Answer 5

On the ground that a Magistrate has incorrectly applied procedure, such as denying admissible evidence

Question 6

In a criminal case, on what ground can either party apply to the Administrative Court (division of the High Court) to hear an appeal?

Answer 6

If they feel that the process of the judgment was incorrect, and in being incorrect, the court acted ultra vires

Question 7

In a criminal case, who is the only party that can appeal to the Court of Appeal?

Answer 7

Only the convicted party

Question 8

When should an appeal to the Court of Appeal be made?

Answer 8

Within 28 days of sentencing, but an out of time appeal is possible