PART X
APPEALS
(c) Appeals by Director of Public Prosecutions
378.-(1) Where the Director of Public Prosecutions is dissatisfied with an acquittal, finding, sentence or order made or passed by a subordinate court, other than a subordinate court exercising its extended powers by virtue of an order made under section 173 of this Act, he may appeal to the High Court.
(2) An appeal to the High Court under this section may be on a matter of fact as well as on a matter of law.
379.-(1) Subject to subsection (2), no appeal under section 378 shall be entertained unless the Director of Public Prosecutions or any person acting under his instructions in terms of sections 22 and 23 of the National Prosecutions Service Act– of 2008
(a) has given notice of his intention to appeal to the subordinate court within thirty days of the acquittal, finding, sentence or order against which he wishes to appeal and the notice of appeal shall institute the appeal; and
(b) has lodged his petition of appeal within forty-five days from the date of such acquittal, finding, sentence or order; save that in computing the said period of forty-five days the time requisite for obtaining a copy of the proceedings, judgment or order appealed against or of the record of proceedings in the case shall be excluded.
(2) The High Court may, for good cause, admit an appeal notwithstanding that the periods of limitation prescribed in this section have elapsed.
380.-(1) Every appeal under section 378 shall be made in the form of a petition in writing presented by the Director of Public Prosecutions and shall, unless the High Court otherwise directs, be accompanied by a copy of the proceedings, judgment or order appealed against.
(2) The petition shall contain particulars of the matters of law or fact in regard to which the subordinate court appealed from is alleged to have erred.
381.-(1) Where a petition of appeal is lodged with the High Court in accordance with the provisions of section 380 the High Court shall cause notice to be given to the respondent or to his advocate, and every such notice shall state the time and place at which the appeal will be heard and shall be accompanied by a copy of the petition of appeal and a copy of the proceedings, judgment or order appealed against.
(2) Where notice of time, place and hearing cannot be served on the respondent because he cannot be found through the address obtained by the court under section 228 and 275 the notice shall be brought to his attention through publication in a newspaper three times, and at the end of that service the court shall proceed with the appeal in the absence of the respondent.
382.-(1) At the hearing of an appeal under section 378 the Director of Public Prosecutions may address the court in support of the particulars set out in the petition of appeal and the respondent or his advocate may then address the court and thereafter the court may invite the Director of Public Prosecutions to reply upon any matter of law or fact raised by the respondent or his advocate and the court may then, if it considers there is not sufficient ground for interfering, dismiss the appeal or may–
(a) in an appeal from acquittal–
(i) reverse the finding, convict the respondent of the offence with which he could have been convicted by the subordinate court, and either proceed to sentence him or remit the case to the subordinate court for passing the sentence;
(ii) order the respondent to be tried by a court of competent jurisdiction; or
(iii) direct the subordinate court to hold committal proceedings;
(b) in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence; or
(c) in an appeal from any other order, alter or reverse such order and, in any case, may make any amendment or any consequential or incidental order that may appear just and proper.
383.-(1) Where, on the day fixed for the hearing of an appeal under section 378 or any other date to which the hearing may be adjourned the Director of Public Prosecutions does not appear when the appeal is called on for hearing, the High Court may make an order that the appeal be dismissed.
(2) Where the Director of Public Prosecutions appears and the respondent or his advocate does not appear and the High Court is satisfied that the respondent or his advocate was duly served with notice of appeal, the High Court may proceed to hear the appeal ex-parte or may adjourn the hearing to another date and give notice thereof to the respondent or his advocate.
(3) When an appeal is dismissed under subsection (1) the Director of Public Prosecutions may apply to the court for the re-admission of the appeal and, where he satisfies the court that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing the High Court, may re-admit the appeal.
(4) Where at the hearing of an appeal the respondent does not appear personally the High Court may make an order requiring the personal attendance of the respondent and, if the respondent fails to comply with such order, may issue a warrant for the arrest and production of the respondent before the High Court on a date and time specified in the warrant.
384.-(1) In dealing with an appeal under section 378 the High Court, if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by a subordinate court.
(2) When the additional evidence is taken by a subordinate court that court shall certify the evidence to the High Court which shall thereupon proceed to dispose of the appeal.
(3) No additional evidence shall be taken under this subsection save in the presence of the respondent or his advocate and such evidence shall be taken as if it were evidence taken at a trial before a subordinate court.
385. The provisions of section 370 shall apply to appeals under section 378.
386.-(1) The Director of Public Prosecutions may at any time before the hearing withdraw an appeal by a written notice to the Registrar, and upon that notice being given the appeal shall be marked withdrawn.
(2) When an appeal is withdrawn, the Registrar shall forthwith notify the respondent and the subordinate court in which that case originated.
(3) An appeal withdrawn under subsection (2), may be restored by leave of the court on the application by the Director of Public Prosecutions if the court is satisfied there are sufficient reasons that the appeal be heard.
386A. Every appeal under section 378 shall abate on the death of the respondent.
Appeal against decision of acquittal or conviction or against sentence - national proceedings
Appeal against other decisions - national proceedings
EDIT.