PART X – APPEALS FROM COURTS MARTIAL
186. Appeal to High Court
(1) If a person has been convicted by a court-martial—
(a) the person convicted may appeal to the High Court and make subsequent appeals to any other superior court, against the conviction, the sentence, or both; or
(b) the Director of Public Prosecutions may appeal to the High Court against the sentence.
(2) If a person has been acquitted of a charge by a court-martial, the Director of Public Prosecutions may appeal to the High Court against the acquittal.
187. Notice of Appeal
(1) An appeal to the High Court shall not lie unless a notice of Appeal is lodged with the Registrar within twenty-one days after the acquittal, conviction or sentence, as the case may be.
(2) The notice of appeal shall be in the prescribed form.
(3) Except in the case of a conviction involving sentence of death, the High Court may extend the period within which a notice or Appeal shall be lodged, whether that period has expired or not.
(4) An appellant may present the appeal case in writing.
188. Determination of appeal in ordinary cases
(1) Subject to section 189, the High Court shall—
(a) allow an appeal against conviction and quash the conviction if it
considers that the conviction—
(i) is unreasonable;
(ii) cannot be supported, having regard to the evidence;
(iii) involves a wrong decision on a question of law; or
(iv) there was a miscarriage of justice,
unless the court finds that no substantial miscarriage of justice has actually occurred; or
(b) dismiss the appeal.
(2) The court shall allow an appeal against acquittal and convict the accused if it considers that—
(a) the evidence was such that the person acquitted should have been convicted; or
(b) the acquittal involves a wrong decision on a question of law,
and shall pass such sentence as it thinks proper, and otherwise it shall dismiss the appeal, and section
173 shall apply as it applies to a trial by a court-martial.
(3) On an appeal against sentence, the court may reduce or increase the sentence or alter the nature of the sentence, as it thinks proper.
189. Powers of court in special cases
(1) If the High Court determines that an appellant—
(a) was not properly convicted on a particular charge brought before the court-martial; and
(b) was properly convicted on some other charge so brought,
then, if the sentence passed by the court-martial on the appellant was not one which could lawfully be passed for the offence of which the appellant was convicted on that other charge, the High Court shall pass on the appellant such sentence as it thinks proper, in substitution for the sentence passed by the court-martial.
(2) If an appellant has been convicted of an offence, and—
(a) the court-martial could lawfully have convicted the appellant of some other offence; and
(b) it appears to the High Court that the court-martial shall have been satisfied of facts which proved the appellant guilty of that other offence,
the High Court may, instead of allowing or dismissing the appeal, substitute for
the finding of the court-martial a finding of guilty of the other offence and pass on the appellant such sentence as it thinks proper (being a sentence which could lawfully have been passed for that other offence and not one of greater severity), in substitution for the sentence passed by the court-martial.
(3) If—
(a) an appellant has been convicted of an offence committed in circumstances involving the greater of two punishments, and it appears to the High Court that the court-martial ought to have found the appellant guilty of an offence as being committed in circumstances involving the less punishment; or
(b) an appellant has been convicted of an offence and it appears to the High Court that the court-martial ought to have convicted the appellant of the offence subject to exceptions or variations,
the High Court, instead of allowing or dismissing the appeal, may substitute for the conviction a conviction of the offence as being committed in circumstances involving the less punishment or, as the case may be, a conviction of the offence subject to exceptions or variations, and pass on the appellant such sentence as it thinks proper (being a sentence which could lawfully have been passed, for the offence specified or involved in the substituted finding and not one of greater severity) in substitution for the sentence passed by the court-martial.
(4) If, on an appeal, the High Court considers that the appellant did the act or made the omission charged but was insane so as not to be responsible for the acts or omissions at the time when the act was done or the omission was made, it shall quash the conviction and substitute a special finding that the appellant was guilty of the act or omission charged but was insane, and section 179(2) shall apply accordingly.
(5) The term of any sentence of imprisonment passed by the High Court under this section shall, unless the High Court otherwise directs, run from the time from which it would have run if it had been passed in the proceedings appealed against, and a sentence passed by the High Court shall be deemed for the purposes of this Act to be a sentence passed by the court-martial.
190. Court may appoint expert
The High Court may appoint a person with special or expert knowledge to assist the Court in any such manner as it deems expedient in the discharge of justice, if the court considers that such knowledge is required for the proper determination of an appeal before it.
191. Proceedings to be heard in absence of appellant
(1) An appellant shall not be entitled to be present at the hearing of an appeal or at any proceedings preliminary or incidental to such an appeal, except where—
(a) rules of court provide that the appellant shall have the right to be present; or
(b) the High Court grants leave to be present.
(2) Any power of the High Court under this Part to make a determination or pass a sentence may be exercised despite the absence of the appellant.
192. Defence on appeal
If a person appeals against a conviction, sentence or both, the Director of Public Prosecutions shall make arrangements for the defence of the appeal.
193. Person sentenced to death to have opportunity to appeal
If a person is convicted by a court-martial and sentenced to death that person—
(a) shall not be executed until after the expiration of the period within which a notice of appeal may be lodged to the High Court against the conviction or sentence or both; and
(b) if such a notice is duly lodged, the sentence shall not be executed until either the notice is withdrawn or the appeal is determined or abandoned.
194. Removal of prisoner
An appellant who is in custody, shall be taken to, kept in custody at, and brought back from, any place at which the appellant is entitled to be present for the purposes of this Part in the prescribed manner, and the High Court may order the appellant to be taken to any prescribed place for the purpose of any proceedings of the High Court.
195. Composition of court
Upon the hearing of an appeal under this Part, the High Court shall consist of one or more Judges.
196. Furnishing of documents
In the case of an appeal, under this Part, it shall be the duty of the Defence Court Administrator to furnish the Registrar, in accordance with rules of court, with a record of the proceedings of the court-martial.
197. Duties of Registrar
(1) The Registrar shall take all necessary steps obtaining the determination of an appeal under this Part, and shall obtain and lay before the High Court in proper form all documents, exhibits and other things relating to the proceedings before the court-martial that appear necessary for the proper determination of appeal.
(2) The Registrar shall furnish the necessary forms and instructions relating to an appeal under this Part to any person who asks for them, to persons in charge of prisons and to such other persons as the registrar thinks fit, and every person in charge of a prison shall cause the forms and instructions so furnished to be placed at the disposal of persons imprisoned who desire to lodge an appeal under this Part.
198. Saving of prerogative of mercy
Nothing in this Part shall affect the exercise of the power of mercy under Article 133 of the Constitution.
199. Procedure
Subject to this Part and to any rules of court, the provisions of the Criminal Procedure Act (Cap. 75) relating to the hearing of appeals from subordinate courts shall apply to the hearing and determination of appeals under this Part.
Appeal against decision of acquittal or conviction or against sentence - national proceedings
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