Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court: Difference between revisions
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== Leave to Appeal == | == Leave to Appeal == | ||
In some instances the leave (permission) of the High Court to appeal is required before the case can be taken on appeal to the Supreme Court: s 44 High Court Act, 1981. Where the High Court refuses to grant leave to appeal, the appellant is entitled to apply to a Supreme Court judge for leave to appeal. | |||
== Leave to Appeal not required == | == Leave to Appeal not required == |
Revision as of 22:09, 28 June 2010
Appealable Decisions
The following appeals against decisions of the High Court are heard by the Supreme Court:
- Appeals against conviction and sentence or conviction or sentence in cases first tried in the High Court;
- Further appeals against decisions of the High Court on appeal against sentences imposed in the magistrates courts, where the appellants are dissatisfied with the appeal decisions in the High Court.
- Appeals against decisions of the High Court in regard to applications made to the High Court to review the proceedings in the magistrates court on the grounds of irregularities. There is, however, no right of appeal against decisions taken by High Court judges on automatic review of the proceedings.
Leave to Appeal
In some instances the leave (permission) of the High Court to appeal is required before the case can be taken on appeal to the Supreme Court: s 44 High Court Act, 1981. Where the High Court refuses to grant leave to appeal, the appellant is entitled to apply to a Supreme Court judge for leave to appeal.
Leave to Appeal not required
Applications to High Court for Leave to Appeal
Withdrawal of Concession by Attorney-General's representative that leave to appeal should be granted
Application to Supreme Court for levae to appeal
Criterion for deciding whether to grant leave to appeal
Noting of appeal in Supreme Court
Grounds of Appeal
- Appealable decisions
- Leave to Appeal
- Leave to Appeal not required
- Leave to Appeal required
- Applications to High court for leave to appeal
- Withdrawal of concession by Attorney-General's representative that leave to appeal should be granted
- Application to Supreme Court for leave to appeal
- Criterion for deciding whether to grant leave to appeal
- Noting of appeal in Supreme Court
- Grounds of appeal