Monday, 2 February 2015

Singapore Criminal Court Appeals

What are the different types of appeals?


Appeals made against any judgment, sentence, or order pronounced by the District Court or Magistrate Court in any criminal case in Singapore. These appeals are made by a Criminal lawyer in the High Court, and ordinarily heard by a single Judge.

Appeals made against any judgment, sentence, or order pronounced by the High Court are made in the Court of Appeal, and ordinarily heard by three Judges of Appeal.

When can an appeal be made?


An appeal may be made against any judgment, sentence, or order of the lower court. However, there is no right of appeal against:
  • An order refusing a stay in proceedings
  • An interlocutory order, namely -
    • Order that two accused persons being jointly tried
    • Ruling that there is a case to answer at the end of the Prosecution’s case
    • Order that an accused’s statement be admitted into evidence
  • Any order made in any Criminal Case Disclosure Conference (see section 374(5)). Apply for a Criminal Revision instead.
  • Procedural ruling made during trial cannot be appealed against whilst trial is ongoing. Procedural ruling can only be challenged during the appeal of the principal matter.

Who can file an appeal?


An accused person (assisted by a Singapore Criminal Lawyer) convicted by a trial court may appeal against hirs or her
  • Conviction; and/or
  • Sentence; and/or
  • Order of the trial court

An accused person who pleads guilty may appeal only against the following two aspects of the sentence imposed
  • Its extent; or
  • Its legality

The Public Prosecutor can appeal against
  • The acquittal of an accused;
  • The sentence imposed on the accused; and
  • An order of the trial court
  • *Victim has no right of appeal if the Public Prosecutor does not wish to appeal against this.

A private person may only appeal against sentence imposed on accused, but not against an acquittal of the accused.
  • Public Prosecutor has a right to intervene in private prosecutions and have such proceedings discontinued.
  • A private person who instituted a prosecution has no right of appeal against an acquittal or sentence imposed by a court.

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg
www.singaporecriminallawyer.com

 

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