Appeals  to the Court of Appeal

The Court of Appeal deals with appeals from the County and Supreme Courts. A convicted offender who wants to appeal to the Court of Appeal must submit material in support of an application for leave to appeal to the court registry.

Usually, a single judge considers the application for leave to appeal, and decides whether the matter proceeds to the appeal hearing. Leave to appeal against sentence will not be granted if the single judge considers there is no reasonable prospect the Court of Appeal would impose a less severe sentence. Leave to appeal against conviction will not be granted if the single judge considers there is no reasonably arguable ground of appeal.

If leave to appeal is granted by the single judge, the matter is listed for appeal.

If leave to appeal is refused by the single judge, a convicted person may elect to have the refusal reconsidered by other judges of the Court of Appeal. If successful in the reconsideration of the refusal, then the matter proceeds to the appeal.

When the appeal is heard, the Court of Appeal may:

  • give its decision and provide its reasons on the day of the hearing
  • give its decision on the day of the hearing and provide reasons at a later date
  • reserve its decision (and reasons)  until a later date.

If the Court of Appeal allows an appeal against sentence, it may:

  • impose a sentence it considers appropriate which could be more or less than the original sentence, or
  • send the matter back to the original court.

If the Court of Appeal allows an appeal against conviction, the conviction is set aside and the court may:

  • order a new trial, or
  • acquit the person.