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​​​​​​​​​​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" [ROP]
3) File the "Petition of Appeal"
4) File the “Withdrawal of the Appeal” after Record of Appeal transmitted to High Court   


      
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.

Where an accused has admitted to the offence and is dissatisfied with the sentence passed by the judge, he/she may only file an appeal against the sentence/conviction & sentence/ order. If he/she decides to retract his/her 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 file the Notice of Appeal online in ICMS.  If Appellant is unable to file online, he/she is to file the Notice of Appeal by completing and submitting one copy of the Notice of Appeal over the counter at the Central Registry of  the State Courts located at Level 2.  The Notice of Appeal must be filed within 14 calendar days after the date of the sentence or order [s377 (2) of the CPC], and a fee of $50 is payable at the time of filing.

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, fax number and email address must be provided in the Notice of Appeal. 
  
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 online in ICMS.  In the event he/she is unable to file online, he/she may file the Notice of Appeal by completing and submitting one copy of the Notice of Appeal over the counter at the Central Registry of State Courts located at Level 2 within the stipulated time given by the Judge.


Step 2: Service of "Grounds of Decision" and "Notes of Evidence" [ROP] 


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.


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 file 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 filed online in ICMS and if Appellant is unable to file online, he/she may file a copy of the Petition of Appeal over the counter at the Central Registry of the State Courts located at Level 2 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 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. Upon arrest, the appellant will be produced in Court and send to Prison to serve him/her sentence.

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

 

When the timeline for filing the "Petition of Appeal" has lapsed and the Appellant still wishes to file his/her petition, 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 petition. 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 online in ICMS.  If he/she is unable to file online, he/she may file a copy of the Petition of Appeal over the counter at the Central Registry of the State Courts located at Level 2 within the stipulated time given by the Judge.


Step 4: File the "Withdrawal of the Appeal" after Record of Appeal transmitted to High Court


Once the Record of Appeal [ROA] has been sent to High Court, Appellant who decides to withdraw the appeal is required to make the application for Leave to Withdraw the Appeal in High Court.

 


 [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" [ROP]
3) File the "Petition of Appeal"
4) File the “Withdrawal of the Appeal” after Record of Appeal transmitted to High Court
  


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 Central Registry of the State Courts located at Level 2 within 10 calendar days after the date of the sentence or order.

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. Appellant is required to complete and submit one copy of the Notice of Appeal over the counter at the Central Registry of State Courts located at Level 2.  The Notice of Appeal must be filed within 10 calendar days, and a fee of $5 is payable at the time of filing.


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 email address must be provided in the "Notice of Appeal". 
  
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" [ROP]

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 filed with the Central Registry of the State Courts located at level 2 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 Central Registry of the State Courts located at level 2 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 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. Upon arrest, the appellant will be produced in Court and send to Prison to serve him/her sentence.


Step 4: File the "Withdrawal of the Appeal" after Record of Appeal transmitted to High Court

Once the Record of Appeal [ROA] has been sent to High Court, Appellant who decided to withdraw the appeal is required to make the application for Leave to Withdraw the Appeal in High Court.

Last updated on: 9/12/2019 11:55 AM

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