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.
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.