Difference between revisions of "Zimbabwe Criminal Defense Manual - Appeals"
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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | ||
Revision as of 22:58, 28 June 2010
After a person has been convicted and sentenced by a criminal court, that person can appeal to a higher court against the decision of the trial court. An appeal is a request made to the higher court to change the decision. The court to which the appeal is made is referred to as the appeal court.
Contents
Types of appeal
Person convicted and sentenced by a criminal court may appeal to a higher court. In some cases leave to appeal has to be obtained. There are three types of appeal
- an appeal against conviction alone;
- an appeal against sentence alone; and
- an appeal against both conviction and sentence.
The court to which the appeal will be made will depend upon which court tried the case.
Cases decided in Magistrates Court
Appeals against conviction, or against conviction and sentence, go to the High Court. The decisions by the High Court on appeal from the magistrates court can in turn be further appealed to the Supreme Court.
Cases decided in High Court
Appeals go to the Supreme Court in all cases, whether the appeal is against conviction or sentence or both. All cases in which the death penalty is imposed automatically go on appeal to the Supreme Court.
Rules governing various appeals
The rules governing appeals against decisions in criminal cases in the Magistrates Court are the Supreme Court (Magistrates Court) (Criminal Appeals) Rules, 1979 (published in Statutory Instrument 504 of 1979). These Rules will be referred to as SC Rules SI 504/79. The filing of heads of argument in an appeal against sentence to be heard in the High Court is regulated by the High Court (Miscellaneous Appeals and Reviews) Rules, 1975 (RGN 450 of 1975). These Rules will be referred to as HC Rules RGN 450/75. Appeals to the Supreme Court are governed by the Rules of the Supreme Court (SRGN 380 of 1964). These Rules will be referred to as the Supreme Court Rules. Reference will also need to be made to certain rules in the Magistrates Courts (Criminal) Rules, 1966 (RGN 871 of 1966). These Rules will be referred to as RGN 871/66. Throughout this section on appeals a Rule will be referred to as "R" e.g. : R 25 to refer to Rule 25 and an Order will be referred to as "O".
See Also
Zimbabwe Criminal Defense Manual - Appeals against decisions in magistrates court
