APPEAL PROCESS IN JAMAICA

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APPEAL PROCESS IN JAMAICA

murder conviction

14 days to file an
appeal after a
conviction

what amount to a
conviction, look at
Richards v R (1992)

Notice is filed at the Registry

what happens if 14 days has
1. NOTICE OF APPEAL
passed?
2. NOTICE FOR APPLICATION FOR LEAAVE TO
APPEAL

3. grounds of the appeal must be stated. file an application for extension of

time
4. skeleton arguments presented which must
be signed by the convicted

if all docs comply w/ rules it goes to the Single
Judge
only the application for leave goes to the
Single Judge because in the other instance
the convict has a right to appeal. this Judge
is really a filter mechanism to decide if the
matter should be appealed.
accompany by an affidavit explaining why you
need the extention.
the courts may extend if they consider the
delay not to be wilfull or the merits of the case.
Then file at the Registry of the Court of Appeal
the Single Judge is operates in chambers, not
in the presents of the convict or attorney and
makes her decision based on the documents
filed in the Registrar, which include court
transcripts

the single judge can either grant or not

grant the appeal

where there is a no grant: applicant can there is a panel of 3 judges; the if there were arguments to add
apply for the matter to be heard in open attorneys get to argue whether or abondon, you would have to
court ( if it is granted then we consider conviction to be upheld or seek permission to file
the 'grant' box) appeal allowed additional grounds

if the conviction is upheld the convict can appeal

to the JCPC/ CCJ
APPEAL PROCESS IN JAMAICA