- Laws of Fiji

Last Updated: 1 December 2016

[CA 21] Right of appeal in criminal cases21

(1) A person convicted on a trial held before the High Court may appeal under this Part to the Court of Appeal—

(a)against his or her conviction on any ground of appeal which involves a question of law alone;
(b)with the leave of the Court of Appeal or upon the certificate of the Judge who tried him or her that it is a fit case for appeal against his or her conviction on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the court to be a sufficient ground of appeal; and
(c)with the leave of the Court of Appeal against the sentence passed on his or her conviction unless the sentence is one fixed by law.

(2) The State on a trial held before the High Court may appeal under this Part to the Court of Appeal—

(a)against the acquittal of any person on any ground of appeal which involves a question of law alone;
(b)with the leave of the Court of Appeal or upon the Certificate of the Judge who tried the case that it is a fit case for appeal against the acquittal on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the court to be a sufficient ground of appeal; and
(c)with the leave of the Court of Appeal against the sentence passed on the conviction of any person unless the sentence is one fixed by law.

(3) The Court of Appeal may, if it gives leave, entertain an appeal from the High Court against the grant or refusal of bail, including any conditions or limitations attached to a grant of bail, upon the application either of the person granted or refused bail or of the Director of Public Prosecutions.

[subs (3) insrt Act 38 of 1998 s 3, effective 18 September 1998]

[s 21 subst Decree 7 of 1990 s 2, effective 15 March 1990]