The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(306) CRIMINAL APPEALS

Voice

A person convicted of a crime may appeal both against being convicted and against the length of the sentence imposed by the court. The convicted person has a right to appeal on the grounds that the judge or magistrate made a legal error in his decision. The court of Appeal may also give permission for the convicted person to appeal on the grounds that the judge or magistrate made an error of fact. After hearing an appeal, the court has power to quash a conviction in three situations. Firstly, where the conviction is unsafe or unsatisfactory for any reason; secondly, where the trial judge or magistrate applied the law incorrectly; and thirdly, where some other significant mistake has occurred during the trial.

In appeals against sentence only, the Court of Appeal has the power to vary the sentence imposed by the judge or magistrate unless it is one fixed by law. For example, in the case of murder, the only penalty is imprisonment for life. But usually the Court of Appeal may decrease or even increase a sentence as it thinks appropriate in the case. A sentence may be increased if the prosecution appeals on the grounds that the sentence imposed was too lenient.

Applications for appeal must be made within 14 days from the date of conviction. Extensions of time for appeal may be granted if there are reasonable grounds for the delay, but the convicted person should consult a lawyer as soon as possible.

Bail may also be granted while the convicted person is waiting for his appeal to be heard. The right to bail is not automatic and the convicted person must therefore convince the court that there is a high possibility of a successful appeal against conviction and it would be very unfair to him to be kept in custody.

If the convicted person was legally assisted in the trial, his lawyer will make a recommendation to the Legal Aid Department as to whether aid should be granted for the appeal. Usually the Department will follow the lawyers recommendation. If it is a case of murder legal aid must be granted.

In the magistrates courts, a convicted defendant may apply to the magistrate who convicted him to review the conviction or sentence or both, if he believes the magistrate overlooked an important fact or made a mistake in law. Such a review usually takes place within a few days of conviction.

Date of amendment: 22nd February 2013