​​​​​​​​​​1. Applicable to cases where the accused is charged on or after 2 Jan 2011

2. Applicable to cases where the accused is charged before 2 Jan 2011


[1. Applicable to cases where the accused is charged on or after 2 Jan 2011] 

Procedures of Appeal
1) File a "Notice of Appeal"
2) Service of "Grounds of Decision" and "Notes of Evidence"
3) File the "Petition of Appeal"
      
Step 1: File a "Notice of Appeal"

Any sentence or order pronounced by the District Court or Magistrate Court in any criminal case can be appealed to High Court.

The Notice of Appeal must be filed at the Centralised Appeal Registry Counter in the Civil Registry and Centralised Appeal Registry (State Courts, Level 1) within 14 calendar days from the time the sentence or order is made.

Where an accused has admitted to the offence and is dissatisfied with the sentence passed by the judge, he may only file an appeal against the sentence/conviction & sentence/ order. If he decides to retract his plea of guilt after the sentence has been passed, an application for a Criminal Revision will have to be made at the High Court to set aside the conviction.
 
For private summons proceedings, a complainant seeking to file an appeal against an acquittal or sentence must seek the consent from the Attorney-General's Chambers in writing and attach the Public Prosecutor's consent when filing the Notice of Appeal.

The appeal can only be filed by a party to the case or matter, who is referred to as the Appellant. The Appellant is required to complete and submit one copy of the Notice of Appeal.

The "Notice of Appeal" must contain an address including contact number (if any) to which any notices or documents connected with the appeal may be served.
  
If the Appellant is represented by a lawyer, the lawyer's name, the law firm's reference, address, telephone and fax number must be provided in the Notice of Appeal.
  
The completed form should be submitted (within 14 calendar days) at the Centralised Appeal Registry Counter in the Civil Registry and Centralised Appeal Registry(State Courts, Level 1), and a fee of S$50 is payable at the time of submission.

Where the Appellant is a company, a letter of authorisation is required from the company authorising the representative of the company to appeal on its behalf. The representative is required to append his/her signature on the Notice of Appeal.    

When the timeline for filing the "Notice of Appeal" has lapsed and the Appellant still wishes to file his/her appeal, he/she can only do so by filing a Criminal Motion to the High Court to apply for an extension of time to file his/her appeal. If the Appellant obtains approval from the High Court Judge, he/she may file his/her Notice of Appeal at the State Courts within the stipulated time given by the Judge.


Step 2: Service of "Grounds of Decision" and "Notes of Evidence" 


When the "Notice of Appeal" is filed, the District Judge/Magistrate will be informed and the "Grounds of Decision" for the case will be prepared. When the "Grounds of Decision" is ready, a copy of it with the "Notes of Evidence" of the case will be served on the Appellant or his lawyer via courier service

Prescribed fees for record of proceedings

The Appellant is entitled to the first set of record of proceedings and "Grounds of Decision". Subsequent set of record of proceedings, "Grounds of Decision" and exhibits tendered during the hearing will be charged as follows:

  •  $0.50 for each page subject to a minimum of $10

  

Step 3: File the Petition of Appeal


The Appellant is required to submit a copy of the Petition of Appeal after being served with the "Grounds of Decision" and "Notes of Evidence. The Petition of Appeal must be filled with the Centralised Appeal Registy which is located at State Courts, level 1 within 14 calendar days of service of the "Ground of Decision" and "Notes of Evidence" , if the appellant intends to proceed with the appeal

     
If a petition is not filed within 14 days of service of the "Grounds of Decision", the appeal shall be deemed withdrawn and the trial court shall enforce its sentence or order.
 
If the Appellant is on bail pending his/her appeal against a sentence of imprisonment, the Appellant must surrender to the Court that had sentenced him/her on the 15th day after the service of the "Grounds of Decision", failing which, a Warrant of Arrest will be issued.
 
The Warrant Enforcement Unit (a division of the Singapore Police Force) will arrest and produce the Appellant in court. Thereafter, the Appellant will be handed over to the Prisons Department for the sentence to be served.

The High Court will inform the Appellant of the hearing dates of the appeal.
 

 


 
[2. Applicable to cases where the accused is charged before 2 Jan 2011]

Steps in filing an appeal
1) File a "Notice of Appeal"
2) Service of "Grounds of Decision" and "Notes of Evidence"
3) File the "Petition of Appeal"

Step 1: Filing of a Notice of Appeal   


Any judgment, sentence or order pronounced by the District Court or Magistrate Court in any criminal case can be appealed to the High Court. The "Notice of Appeal" must be filed with the Centralised Appeal Registry Counter in the Civil Registry and Centralised Appeal Registry (State Courts, Level 1) within 10 calendar days from the time of the judgment, sentence or order is made.

Where an accused has admitted to the offence and is dissatisfied with the sentence passed by the judge, he may only file an appeal against the sentence. If he decides to retract his plea of guilt, after the sentence/order has been passed, he must do so by filing a Criminal Revision at the High Court.

For private summons proceedings, a complainant seeking to file an appeal against an acquittal or sentence must first seek the Attorney-General's Chambers consent in writing and attach the Public Prosecutor's consent when filing the "Notice of Appeal".


The appeal can only be filed by a party to the case or matter, who is referred to as the Appellant. The Appellant is required to complete and submit one copy of the Notice of Appeal.


The "Notice of Appeal" must contain an address to which any notices or documents connected with the appeal may be served.
  


If the Appellant is represented by a lawyer, the lawyer's name, the law firm's reference, address, telephone and fax number must be provided in the "Notice of Appeal".

The completed form should be submitted (within 10 calendar days) to the Centralised Appeal Registry Counter in the Civil Registry and Centralised Appeal Registry (State Courts, Level 1) and a fee of S$5 is payable at the counter.
  
Where the Appellant is a company, a letter of authorisation is required from the company authorising the representative of the company to appeal on its behalf. The representative is required to append his/her signature on the "Notice of Appeal".   


When the timeline for filing the Notice of Appeal has lapsed and the Appellant still wishes to file his/her appeal, he/she can only do so by filing a Criminal Motion to the High Court to apply for an extension of time to file his/ her appeal. A hearing date for the Criminal Motion will be fixed in the High Court before a Judge. If the Appellant obtains approval from the High Court Judge, he/she may file his/ her Notice of Appeal at the State Courts within the stipulated time given by the Judge.



Step 2: Service of "Grounds of Decision" and "Notes of Evidence"

Once the "Notice of Appeal" is filed, the District Judge/Magistrate will be informed and the "Grounds of Decision" for the case will be prepared. Once the "Grounds of Decision" is ready, a signed copy together with the "Notes of Evidence" of the case will be served by courier service on the Appellant or his lawyer.


 
Step 3: File the "Petition of Appeal"

 
The Appellant is required to submit a copy of the Petition of Appeal after being served with the "Grounds of Decision" and "Notes of Evidence. The Petition of Appeal must be filled with the Centralised Appeal Registy which is located at State Courts, level 1 within 10 calendar days of service of the "Ground of Decision" and "Notes of Evidence" , if the appellant intends to proceed with the appeal


When the timeline for filing the "Petition of Appeal" has lapsed and the Appellant  wishes to file a "Petition of Appeal", he/she must file a Criminal Motion to the High Court for an extension of time to file his/her "Petition of Appeal". A hearing date for the Criminal Motion will be fixed in the High Court before a Judge. If the Appellant obtains approval from the High Court Judge, he/she may file his/her "Petition of Appeal" at the State Courts within the stipulated time given by the Judge.


The High Court will inform the Appellant of the hearing dates of the appeal.

If a petition is not filed within 10 days of the service of the "Grounds of Decision", the appeal shall be deemed withdrawn and the trial court shall enforce its sentence or order.

If the Appellant is on bail pending his/her appeal against a sentence of imprisonment, the Appellant must surrender to the Court, which had sentenced him/her on the 15th day after the service of the "Grounds of Decision", failing which, a Warrant of Arrest will be issued.

The Warrant Enforcement Unit (a division of the Singapore Police Force) will arrest and produce the Appellant in court. Thereafter, the Appellant will be handed over to the Prisons Department for the sentence to be served.
 

 

Last updated on: 17/2/2017 10:34 AM

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