In the criminal justice system, a conviction isn’t always the final word. The appeal process serves as a vital safeguard, offering defendants an opportunity to challenge errors that may have occurred during their trial or even when they have pleaded guilty. Let’s examine how the appeal process works.
Appeals from the Magistrates’/District Court
The party who files an appeal is referred to as the Appellant, while the opposing party is designated as the Respondent.
Section 132 of the Summary Courts Act sets out the grounds for appealing decisions from the Magistrates’ Court. These grounds include lack of jurisdiction, the Magistrate having a personal interest in the case, an illegality was committed in the course of the proceedings or there is an issue with the severity of sentence imposed.
When a notice of appeal is filed, the Magistrate is required to provide reasons within 60 days. However, the Court of Appeal has clarified that the absence of reasons is not, by itself, a valid ground for appeal unless, there are very exceptional circumstances where the reasons for the decision cannot be gleaned from the oral decision.
Under Section 128A of the Act, an individual may also apply for bail while awaiting the appeal. In deciding whether to grant bail, the court considers factors such as the complexity of the case, the gravity of the defence, the time between conviction and the appeal hearing, whether the sentence may be served before the appeal is heard, and the likelihood of a successful appeal. If the sentence is less than 3 months, bail must be granted.
Appeals from the High Court
Appeals from the High Court are governed by the Supreme Court of Judicature Act. If convicted you have the right to appeal against the conviction and/or sentence. Once a notice of appeal is filed, a request must be made for the summation or judgment in a judge-alone trial. For capital matters, a request is made for the transcripts of the entire proceedings. The case is typically scheduled for an appeal management conference, where directions for filing submissions are given.
Appeals from the High Court are generally based on legal errors or material irregularities that render the conviction unsafe. The key test is whether there is a risk of a serious miscarriage of justice. This test is crucial as the Act includes the proviso principle, meaning that even if an error occurred, the jury would inevitably have come to the same conclusion upon a review of all the evidence.
Noteworthy, under Section 65E of the Supreme Court of Judicature Act, the Director of Public Prosecutions (DPP) can appeal to the Court of Appeal in two instances:
- The DPP may appeal an acquittal if the trial judge upheld a no case submission or withdrew the case from the jury due to a legal error.
- With the Court of Appeal's permission, the DPP may also appeal a sentence, unless it is a mandatory sentence set by law.
Can the Court of Appeal increase the sentence?
It is very common for convicted persons to appeal against the sentence imposed either by the Magistrate or the High Court judge on the basis that it was unduly severe. The Court of Appeal will generally only interfere with a lower Court’s exercise of its discretion where it can be shown that the trial judge was plainly wrong. It is also very important to note that the Court of Appeal has the power to vary the sentence and even increase the sentence based on the circumstances of the case.
Is there a timeframe to appeal a criminal matter?
Absolutely. Whether it is a magisterial appeal or an appeal from the High Court, you are required to file your Notice of Appeal within 14 days from the date of conviction. If you are only appealing against your sentence, you must file your notice of appeal within 14 days from the date on which the sentence was imposed by the relevant court. Similarly, if the State is the one filing the appeal, the limitation period of 14 days also applies.
However, if the 14-day period has passed, you can still apply for leave (permission) from the court to proceed with the appeal. In deciding whether to grant leave, the Court of Appeal will consider factors such as the reasons for the delay in filing the notice, how much time has passed, whether the delay would prejudice the Respondent, and the chances of success on appeal.
Does the Court of Appeal have the final say?
The Privy Council (United Kingdom) is the highest appellate court for criminal matters in Trinidad and Tobago. If a party is unsatisfied with the decision of the Court of Appeal, an application for special leave can be made to the Judicial Committee of the Privy Council. However, an application for special leave will only be approved if the case is deemed suitable for appeal.
Conclusion
The appeal process in criminal matters plays a critical role in ensuring justice and fairness within the legal system. It provides an opportunity to correct potential errors that occurred whether from the Magistrates' Court, High Court, or Court of Appeal. Both defendants and the prosecution have avenues to challenge convictions, acquittals, or sentences, but strict timeframes and legal principles must be adhered to.
Submitted by:
Adaphia Trancoso-Ribeiro
Public Defender II Senior
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
