APPEALS

What can you do if you are not satisfied with a Magistrate’s decision?

  • When a party in a case, either the Defendant or the Prosecutor, is not satisfied with certain types of decisions made by a Magistrate, they can file an appeal to the High Court.

What decisions can be appealed?

  • The types of decisions that can be appealed are:

    • Pleaded Guilty case

      Appeal against the sentence or any other order made by the Magistrate.

    • Pleaded Not Guilty case

      Appeal against the conviction, sentence or any other order made by the Magistrate, or any combination of these.

    • Acquittal

      Prosecutor can appeal against the Magistrate’s decision to acquit the Defendant.

    • Bail / Remand

      Appeal against the Magistrate’s decision to deny the Defendant’s bail and to remand them in prison.

What can happen at an appeal?

  • When someone files an appeal, the appeal will be heard before a High Court Judge.
  • Both parties will be present at the appeal to give reasons why the appeal should succeed or fail.
  • The High Court can either maintain the Magistrate’s decision or change the decision.
  • Please note that if an appeal against a sentence is allowed, the High Court Judge may reduce or increase the sentence.

How to appeal against a decision?

  • To file an appeal against a Magistrate’s decision, the applicant must:
    • Fill in the Notice of Appeal form. This form is available at the Magistrate’s Court Registry or it can be downloaded here;
    • Provide reasons for filing the appeal;
    • Submit the said documents to the Magistrate’s Court Registry and
    • Pay a filing fee of B$100.00.
  • Once all the relevant documents are provided and the filing fee is paid, the appeal will be escalated to the High Court for further processing.
  • When an appeal is accepted, the High Court Registry will notify the applicant and the other party the date the appeal will be heard before a High Court Judge.

When should an appeal be filed?

  • Appeals should be done as soon as possible.
  • The time limit to file an appeal against a decision is 14 days from the date of the acquittal/conviction & sentence.
  • If an appeal is filed outside the time limit, the applicant must apply for leave to appeal first.
  • Applications for leave can be made at the High Court Registry.