Pursuant to the Criminal Procedure Code 2010, if a person is dissatisfied with any judgment, sentence or order of the Court, the person can file a notice of appeal to the appellate court against conviction or conviction and sentence within 14 days after the date of the sentence. The basis for an appeal is either that there was an error in law or in fact, or if it is an appeal against sentence, that the sentence imposed is manifestly excessive or manifestly inadequate.
Once the notice of appeal is filed and if a jail term or other type of sentence had been imposed and the appellant does not wish to start serving his custodial sentence or pay his fine, he can make an application to Court for his sentence to be suspended. If the appellant is out on bail, his bail would need to be extended and the Prosecution will typically request for bail to be increased.
If the Court which heard the matter is a Magistrate’s Court or District Court, the appeal would be to the Registrar of the State Courts. If the Court which hear the matter is the General Division of the High Court, then the appeal would be to the Registrar of the Supreme Court.
After the appellant makes an application, the Registrar will furnish copies of the record of proceedings and the grounds of decision.
This is where the appellant will have the opportunity to review the grounds of the decision by the Court and consider very carefully if he still wishes to pursue the appeal.
Within 14 days after release of the record of proceedings and the grounds of decision, the appellant must then lodge a petition of appeal with the Registrar if he intends to proceed with the appeal, failing which the appeal will be treated as withdrawn.
At any time before the deadline for filing the petition of appeal, the appellant can also file a notice of discontinuance of the appeal if he does not wish to proceed.
If the appellant had lodged the petition of appeal but changed his mind later, he can also file a notice to the Registrar seeking permission of the Court to withdraw the appeal.
An appellant is bound by the petition of appeal he has filed and is not permitted during the hearing of the appeal, to rely on any ground of appeal other than those which he had set out in his petition of appeal.
Once an appeal is withdrawn or discontinued, any stay of execution immediately ceases to have effect.
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