Criminal Appeal Routes

Question 1

Magistartes to Crown

Answer 1

-case reheard by judge and 2 mag
-defence only
-automatic right to appeal up to 21days of sentence
-guilty pleas, appeal from sentence
-not guilty plea, appeal against conviction and sentence

Question 2

Mag/Crown to KBD

Answer 2

-appeal by way of case stated
-prosecution and defence
-point of law
-acquittal and conviction
-KDB can reverse, replace or give opinion

Question 3

KBD/Court of Appeal to Supreme

Answer 3

-point of law of general public importance
-permission has to be granted

Question 4

Crown to Court of Appeal

Answer 4

Defence
-conviction/ sentence
-appeal verbally or written in 14days
-notice of appeal, 28days of conviction
-leave
CoA can quash, reduce or retrial

Question 5

Crown to Court of Appeal 2

Answer 5

Prosecution
-point of law
-unduly lenient sentence
Against acquittal
-jury/witness nobbling
-public interest and new evidence