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Appeal to be made on Motion or by Special case
Antigua Section 170: The appellant may file an appeal within 14 days after the day on which the Magistrate has given his decision shall serve a notice on the other party and on the magistrate
of his decision to appeal and the notice shall contain the reasons for appeal.
Dominica – Section 144- At the time of the pronouncement of the judgment give verbal notice to the Magistrate and the opposite party of his intention to appeal.
Within Fourteen (14) days after the day on which the Magistrate has given his or her decision, serve a notice of appeal in writing in Form A in the third schedule on the magistrate and
on the opposite.
Where the appellant is in prison, the officer in charge of Prison Discipline shall, on being requested to do so, render all reasonable assistance in the preparation of the notice and shall
cause it to be lodged and a copy served on the Magistrate and the opposite party.
Montserrat -Section 164 (3)- within 14 days after the decision; stating his intention and grounds of appeal. ;
Extension of time to Appeal Section 164 (3);Any person aggrieved by the decision of the Magistrate may upon giving notice to the other party , apply to the Court of Appeal for leave
to extend the time prescribed within which such notice of appeal may be served and the court may do so if it deems fit. Section 110(1) of the Magistrate’s Court Act gives the Magistrate
Court and the Court of Appeal jurisdiction to extend the time for filing the notice of appeal for such period not exceeding 30 days.
St. Kitts & Nevis - Section 166 - within Fourteen (14) days after the day on which the Magistrate has given his or her decision;
St. Vincent & The Grenadines - Section 213 Magistrate to inform accused of right of appeal
Where any person is convicted by a magistrate, the magistrate shall inform him, at the time of the sentence is passed of his right of appeal and the
steps which must be taken by a party wishing to appeal. A note shall be made at the time by the magistrate that such information has been given by
him to such person and such note shall be conclusive as to the provision of this section having been complied with.
Upon being so informed, the convicted person may then and there give oral notice of his intention to appeal and such notice shall be recorded by the
magistrate and by the prosecutor.
An appellant who has not given notice under subsection (2) or has given notice but has not at the time stated the general grounds of his appeal,
within 21 days after the day upon which the decision was given serve notice in writing, signed by appellant/counsel, on the other party and on
magistrate stating his intention to appeal and of the grounds to appeal.
Any person aggrieved by a decision of a magistrate’s court may upon notice to the other party, apply to the court of appeal for leave to extend the
time for prescribed within which the notice of appeal may be served. The Court upon hearing such application may extend such time as it deems fit,
and may do so either before or after the expiration of the time prescribed.
Cont’d
St. Lucia Section 724 –The Appellant shall give notice in open
court in the presence of the other party either by himself/herself
or by his/her Counsel of his intention to appeal or
Within 15 days after the decision of the Court, the Appellant
shall serve a Notice of Appeal in writing upon the Clerk of Court
signed either by the Appellant or his/her Counsel.
Illiterate Appellants - If the appellant signs by means of
his/her mark, the mark shall be verified by at least one witness,
who shall sign his/her name.
(k) That some other specific illegality, not hereinbefore mentioned, and
substantially affecting the merits of the case was committed in the
course of the proceedings in the case; or
(3) …
(4) Where the reason for appeal is not guilty, no particulars need to be
stated.
Cont’d
Anguilla – same grounds as Antigua
Grenada - Section 9-11: Notice of reasons for appeal may be served either at the same time of
giving/serving the notice of appeal or at some other time and maybe embodied in the notice of appeal when
such notice is in writing or in a separate document. An appellant shall set forth reasons for appeal the
.
particular matter in which he relies or complains
Service of Notice of Appeal
Section 171
Recognizance
Section 172
The appellant shall within three (3) days after the day
on which he or she served notice of his or her notice of
intention to appeal, enter into a recognizance before a
Magistrate with or without sureties as the Magistrate may
direct conditioned to appear before the Court of
Appeal and to try the appeal and to abide the
judgment of the Court of Appeal and to pay such
costs as may be awarded by the said Court.
Magistrate thinks it expedient he or she may instead of entering into recognizances give such other
security by deposit of money with the Magistrate or otherwise
The Magistrate shall without undue delay transmit to the Registrar of the High Court all papers
relating to the appeal.
When the State is the appellant it is sufficient for the officer acting on behalf of the state to give notice
in writing to the Magistrate and to the other part without entering into a recognizance.
Section145(2) :A defendant who, being committed to prison on a Magistrate’s conviction or Order,
who has given notice of appeal and is unable to find the necessary surety or sureties or give such
other security may prosecute his appeal without entering into a recognizance provide he remains in
custody pending the hearing of the appeal. In such case the Magistrate shall, by warrant direct the
appellant be detained in custody accordingly, and shall in the warrant intimate to the officer in charge
of Prison Discipline that the notice of appeal has been given.
The appellant in such a case be detained in custody and may be taken without any fresh order or
warrant in the custody of a constable to the Court to attend the hearing of his appeal.
The Magistrate shall, when the appellant is detained in custody, transmit to the Registrar without
undue delay a copy of the proceedings in which judgment has been appealed against.
an appellant may at any time before his appeal is heard enter into a recognizance or give such other
security and thereupon he shall be liberated unless he is custody in respect of any other charge or
matter.
Recognisance Cont’d.
Grenada- Section 5-7 ;
The appellant shall also, within 14 days after the judgment appealed against is pronounced enter
into recognizance before the magistrate with or without sureties in the discretion of the Magistrate,
conditioned for the due prosecution of the appeal ; may instead give such other security by deposit of
money with the Magistrate or otherwise as the Magistrate deems sufficient.
Where the Crown is the appellant, it shall be sufficient to give notice in writing to the Magistrate and to
other party without entering into recognizance;If the crown fails to prosecute the appeal to a final
determination, the other party shall be entitled to recover his/her costs of appeal from the Crown on
production of a taxed bill of costs signed by the Registrar.
A defendant who, on being committed to prison on a Magistrate’s conviction or order, who gives
notice of appeal and is unable to find the necessary surety(ies) may prosecute his appeal without
entering into recognizance ; provided he remains in custody pending the hearing of the appeal
In such a case the Magistrate shall by warrant direct the appellant to be detained in custody and shall
intimate to the Commissioner of Prisons that notice has been given of appeal.
The appellant shall in such a case be detained in custody and may be taken without fresh any order
or warrant in custody by a constable to the Court to attend the hearing of his appeal
The Magistrate shall, when the appellant is detained in custody, transmit to the Registrar within 3
days of the judgment a copy of the proceedings in which the judgment has been appealed against.
The court shall hear and determine with all possible dispatch any appeal in which the appellant is
detained in custody.
Notwithstanding, an appellant may at any time before the appeal is heard, enter into a recognizance
or give such security and thereupon may be released unless he/she is in custody in respect of any
other charge/matter.
St. Kitts & Nevis - Section 168 -The appellant shall within three (3) days after the day on which he
or she served notice of his or her notice of intention to appeal, enter into a recognizance before a
Magistrate with or without sureties or by payment of money into court or other means; such other
security instead of entering into recognizances
Cont’d
St Lucia -Section 733- (1) after service of notice of appeal, and within fifteen (15) days
after the decision of the Court, enter into a recognizance, with one sufficient surety, to
the satisfaction of the Magistrate, for the due prosecution of the appeal and for abiding
by the result of the appeal, including the payment of all costs of the appeal.
(2) The Appellant may instead of entering into a recognizance, lodge with the Clerk of
Court, the amount awarded by the decision as well as the amount of the costs,
together with the sum of $500 to abide the costs of the appeal or the amount of costs of
the appeal only as the case may be, and in addition shall pay to the Clerk of Court all
fees in respect of the appeal, if any.
(3) If in custody, he may be released from custody on the order of the Magistrate if
he/she complies with the requirements of this section.
(4) A person aggrieved by the decision of the Magistrate pursuant to Section 3 (para. 3)
may appeal to a judge of the High Court in Chambers who may confirm, reverse or vary
the decision of the Magistrate.
The Magistrate may dispense with the requirements of such recognizance, deposit or
fees .Person prosecuting or defending or appearing as a public officer or in the public
interest shall not be bound or required to enter into any recognizance or make a
deposit or pay any fees.
Cont’d
St , Vincent - Section 216 -The appellant shall
within seven (7) days after the day on which he
served notice of his notice of intention to appeal,
enter into a recognizance before a Magistrate
conditioned to prosecute the appeal to judgment of
the court and to pay such costs as may be awarded
the appellant may instead of entering into
recognizances give such other security by deposit of
money with the magistrate’s court or otherwise as
the Magistrate deems sufficient.
if the complainant is acting on behalf of the Crown,
DPP, Commissioner of Police or public officer acting
in his official capacity shall not be required to be
bound by any recognizance or to give any security.
Cont’d
Tortola Section 160 – Recognizance- The appellant shall within
three (3) days after the day on which he served notice of his notice of
intention to appeal, enter into a recognizance before the Magistrate
with or without sureties as the Magistrate may direct,; may instead of
entering into recognizances give such other security by payment of
money into Court or otherwise as the Magistrate deems sufficient.
Error or defect in recognizance ;Section 177
Where any recognizance(s) have been entered before any Magistrate
for the purpose of complying with such condition of appeal shall
appear to the Court of Appeal to have been insufficiently entered into or
to be otherwise defective or invalid, it shall be lawful for the court of
appeal , if it thinks fit, to permit the substitution of a new and
sufficient recognizance(s) to be entered into before the Court of Appeal
in place of such insufficient, defective or invalid recognizance(s) as the
Court of Appeal shall appear to be just and reasonable.
Cont’d
Montserrat - Section 167- apellant shall within (3) days after serving
notice of intention to appeal enter into a recognizance before a
Magistrate with or without a surety as the Magistrate may direct,
conditioned to prosecute the appeal and to pay such costs as ,may be
awarded;appellant may instead of entering a recognizance’s give such
other security by deposit of money with the Magistrates Court or
otherwise as the Magistrate deems sufficient.;provided that if the
Complainant is acting on behalf of the Crown, the DPP, Commissioner
of Police or any department of the Government or is a public officer
acting in his official capacity he shall not be required to be bound by
the recognizance or to give any security.
Where any recognizance entered into appears to the Court of Appeal to
be insufficient or defective or invalid, the Court of Appeal may permit
the substitution of a new and sufficient recognizance for that entered
into before the Magistrate and for that purpose may allow such time
and impose such. Magistrate’s Court Act Sec.112 (3)
NOTE
Montserrat - Section 169- Criminal Procedure Code ; Where the appellant is in custody, a judge, or the Magistrate’s court
may, if the circumstances of the case he or it thinks fit, order that he be released on bail with or without sureties, pending the
determination of the appeal; provided if the appeal is abandoned or withdrawn or is dismissed, any such order
for bail shall be cancelled.
When the appellant is released on bail or the sentence is suspended pending the appeal, any time during which he is at large
after being so released or during which the sentence has been suspended shall be excluded in computing the term of any
sentence to which he is subject.
Provided that in the case of an appellant whose sentence is suspended but who is not released
from custody the Court hearing the appeal, may order that the time s spent in custody or any part
thereof, awaiting the hearing of the appeal, any be included in computing the terms of the sentence.
(iii)An appellant whose sentence is suspended but who is not admitted to bail shall during the period in
custody during such suspension be treated in the same manner as a prisoner awaiting trial.
St. Vincent & The Grenadines- Section 218 – where appellant is in custody, a judge or the magistrate’s court may, if in the circumstances of
the case thinks fit, order that he be released on bail, with or without sureties pending the determination of the appeal; Provided that if the
appeal is abandoned, withdrawn or dismissed, any such order for bail shall forthwith.
Where the appellant is released on bail or the sentence is suspended but who is not released from custody, the court of appeal, in its
discretion, may order that the time so spent in custody, or any part thereof, awaiting the hearing of the appeal, may be included in computing
the terms of the sentence.
An appellant whose sentence is suspended but who is not admitted to bail shall during the period in custody during the suspension be
treated in the same manner as a prisoner awaiting trial.
Cont’d
St. Kitts & Nevis -Section 169 (amended no 25 of 2009(26-11-2009)
Where the appellant is in custody the Magistrate before whom he
appears to enter into a recognizance may upon application being made
by or on behalf of such person and if the Magistrate thinks fit, having
regard to the following;
the character of the person;
the nature and seriousness of the offence for which such person was
convicted;
the likelihood of such person absconding or committing the same or a
like offence if he is released from custody;
such other exceptional circumstances which appear to the court to be
relevant ;
order such person be released from custody with or without a surety or
sureties until after such time as the appeal is determined, abandoned
or withdrawn.
Notwithstanding the provisions of subsection (1) a person shall only be
entitled to bail pending appeal, where the sentence which was imposed
upon the person does not exceed 6 months
Bail.
Enforcement of Judgment
After the pronouncement of the judgment of the Court of Appeal, the Magistrate of the
court from which the appeal came shall have the same jurisdiction and power to enforce
any decision which has been affirmed, modified or amended by the Court of Appeal or
any judgment pronounced by the Court of Appeal, in the same manner all as if the
decision or judgment had been pronounced by himself or herself.
Provided that in any case where an order of imprisonment of a person is affirmed on
appeal, the court of appeal may, if it considers it expedient to do so, forthwith commit
the person to prison in pursuance and in execution of the order.
The imprisonment of the person (if it has not previously commenced ) shall be reckoned
to begin from the day on which he or she is arrested to be taken to the prison wherein
he or she has been ordered to be imprisoned:
If the person has been released from custody, on giving security, he or she shall be
imprisoned for such further period as, with the time during which he or she has been
already imprisoned, is equal to the period for which he or she was ordered to be
imprisoned as aforesaid.
The End
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