PART IX - APPEALS FROM MAGISTRATES’ COURTS AND CASES STATED
270 Appeal to High Court
(1) Save as hereinafter provided, any person who is dissatisfied with any judgment, sentence or order of a magistrate’s court in any criminal cause or matter to which he is a party may appeal to the Senior Magistrate, or, if the judgment, sentence or order was made by the Senior Magistrate’s Court, to the High Court, against such judgment, sentence or order:
Provided that no appeal shall lie against an order of acquittal except by, or with the sanction in writing of, the Attorney-General.
(2) When a person convicted on trial by a magistrate’s court is not represented by an advocate he shall be informed by the magistrate of his right of appeal at the time when sentence is passed.
(3) An appeal may be on a matter of fact as well as on a matter of law.
(4) For the purposes of this Part the extent of a sentence shall be deemed to be a matter of law.
(5) The Attorney-General shall be deemed to be a party to any criminal cause or matter in which the proceedings were instituted and carried on by a public prosecutor.
PART IX - APPEALS FROM MAGISTRATES’ COURTS AND CASES STATED
271 Limitation of appeal on plea of guilty and in petty cases
(1) No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted of such plea by a magistrate’s court, except as to the extent or legality of the sentence.
(2) Save with the leave of the High Court, no appeal shall be allowed in a case in which a magistrate’s court has passed a sentence of a fine not exceeding $10 only, notwithstanding that a sentence of imprisonment has been passed by such court in default of the payment of such fine, if no substantive sentence of imprisonment has also been passed.
(3) No conviction or sentence, which would not otherwise
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.