Appeals, review and revision
This domain tests the routes of challenge, the time limits, and the differing powers of an appellate court and a supervisory court.
Appeals
A convicted person may appeal against conviction, sentence, or both. Notice of appeal is filed in the court below within the statutory period, generally 14 days, stating grounds. An appeal out of time requires leave. An appeal does not generally stay execution of sentence, although bail pending appeal may be granted in suitable cases.
The route follows the hierarchy: District Court to Circuit Court, Circuit Court to the High Court, High Court to the Court of Appeal, and Court of Appeal to the Supreme Court as of right in criminal matters.
Powers of the appellate court
Dismiss the appeal; allow it and quash the conviction; substitute a conviction for a lesser offence; vary the sentence; order a retrial where the interests of justice require and the accused will not be prejudiced; remit for rehearing.
Revision and supervisory remedies
The High Court exercises revisionary jurisdiction over lower courts on its own motion or on the application of an aggrieved party or the Attorney-General. Certiorari lies to quash for jurisdictional error or breach of natural justice; prohibition restrains an excess of jurisdiction; mandamus compels performance of a duty. Distinguish appeal on the merits from revision and from judicial review.
Worked example
Client was convicted on his own plea, but the record shows the charge was read in English to an accused who speaks only Twi and no facts were narrated. Both appeal out of time with leave and revision are available; revision is quicker where the error is patent and no factual dispute is needed. Grounds: the plea was not unequivocally taken and there were no facts to support it. Relief: quash the conviction and remit for retrial, or acquit if the plea cannot be cured.
Traps that cost marks
- Filing a review application where the correct route is an appeal.
- Missing the notice period and failing to seek leave promptly.
- Assuming an appeal automatically suspends the sentence.
- Seeking a retrial where there was no evidence at all.