'Appeal relating to a decision involving an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial - national proceedings' in document 'Tuvalu - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IX - APPEALS FROM MAGISTRATES’ COURTS AND CASES STATED


270 Appeal to High Court

(1) Save as hereinafter provided, any person who is dissatisfied with any judgment, sentence or order of a magistrate’s court in any criminal cause or matter to which he is a party may appeal to the Senior Magistrate, or, if the judgment, sentence or order was made by the Senior Magistrate’s Court, to the High Court, against such judgment, sentence or order:
Provided that no appeal shall lie against an order of acquittal except by, or with the sanction in writing of, the Attorney-General.

(2) When a person convicted on trial by a magistrate’s court is not represented by an advocate he shall be informed by the magistrate of his right of appeal at the time when sentence is passed.

(3) An appeal may be on a matter of fact as well as on a matter of law.

(4) For the purposes of this Part the extent of a sentence shall be deemed to be a matter of law.

(5) The Attorney-General shall be deemed to be a party to any criminal cause or matter in which the proceedings were instituted and carried on by a public prosecutor.