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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 чл. 500Appeals against conviction or sentence.

Title V

В силаОфициален текст

(1) A person convicted on indictment may appeal to the

Court of Criminal Appeal against his conviction in all cases or against the sentence passed on his conviction unless the sentence is one fixed by law.

(2) The Attorney General may appeal to the Court of Criminal

Appeal against an acquittal or a wrong finding of guilt on the bill of indictment or part thereof or against the sentence passed unless the sentence is one fixed by law.

(3) Notwithstanding the provisions of article 28I(2) and of the Probation Act, if it appears to him that the sentence was unduly lenient the Attorney General may also appeal from any judgment convicting a person for an offence liable to imprisonment for a term exceeding two years if the sentence has applied the provisions of article 21 or of articles 28A to 28H or the provisions of the Probation Act.

(4) The Court of Criminal Appeal shall allow an appeal by the Attorney General if it considers that there has been a grave irregularity during the proceedings, or that the judgement is clearly the result of a manifest misinterpretation or of a manifestly wrong application of the law, which could have had a bearing on the verdict:

Provided that the Court may, notwithstanding that it is of opinion that the point raised in the appeal under this sub-article might be decided in favour of the Attorney General, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

(5) The Court of Criminal Appeal shall, upon an appeal made in terms of sub-articles (2) or (4) affirm, vary or reverse the verdict from which an appeal has been filed, or, if it considers that a sentence of greater severity should have been passed, quash the sentence passed at the trial and pass such sentence of greater severity warranted in the law in substitution thereof as it considers ought to have been passed, and in any other case shall dismiss the appeal:

Provided that if the court considers that it would be more just in the circumstances to do so, the court shall quash the sentence and send the case for retrial before the Criminal Court.

История на изменения
  • Amended by XXXII.2018.7