Criminal matters may be heard in the Magistrates, District or Supreme Courts.
It is possible for a matter heard in the Magistrates Court to be decided without the defendant being present. Where someone is convicted in these circumstances, it is called an 'ex parte conviction'. An application can be made to set aside an ex parte conviction. The application is heard in the Magistrates Court [see Application to set aside an ex parte conviction]
Where a defendant attends a Magistrates Court hearing and is found guilty, an appeal can be made to the Supreme Court. The appeal can be against the conviction, or about the sentence (penalty). Appeals against conviction must be on the basis that there was an error of law (as opposed to an error of fact).
Note that appeals relating to offences that are categorised as industrial offences must be made to the Industrial Court.
Appeals against convictions or sentences handed down by the District Court or Supreme Court (these are called 'Superior Courts') are heard by the Court of Criminal Appeal, that is, the full court of the Supreme Court (being three judges sitting together, or if three judges are not available, two judges).
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MAGISTRATES COURT APPEALS : Last Revised: Thu Feb 8th 2007 |
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