Appeals

• Author: George Belnavis
• Profession: Attorney-at-law of over 30 years practice at both the Public and Private Bar and is currently Senior Tutor II at the Norman Manley Law School, Kingston, where he has taught for nearly 20 years
• Pages: 239-293

Appeals / 239

In the United Kingdom a decision by a Magistrates’ Court can be challenged by:

(a) Appeal to the Crown Court, or

(b) Appeal to the High Court by way of case stated by the Magistrates

for the High Court’s opinion, or

(c) Application to the High Court for judicial review of the Magistrates’

decision and the issue, as appropriate, of the orders of certiorari,

mandamus or prohibition.1

All of the Commonwealth Caribbean countries have legislation that deals

with the issue of appeals from the Magistrates Courts. Most countries give

both the complainant and the accused the right of appeal which is initiated

either by motion or case stated. In some countries appeals are to the High

Court and in others to the Court of Appeal.

Right of Appeal

Antigua & Barbuda

Where a Magistrate refuses to make a conviction the complainant may

appeal to the Court of Appeal against such decision.2 Likewise where a

Magistrate makes a conviction the party against whom the conviction is

made may appeal to the Court of Appeal against such decision.

The Bahamas

The situation here is analogous to that of the United Kingdom. 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

against such judgment, sentence or order.3 There is the proviso, however,

that in no case shall the complainant appeal from a decision dismissing a

complaint except by way of a case stated on a point of law.4

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Appeals

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240 / Criminal Practice and Procedure

In the Bahamas when any person is convicted by a Magistrate’s Court

the Magistrate shall inform him, at the time when the sentence is passed,

of his right of appeal and the steps which must be taken by a party wishing

to appeal.5

The Bahamas also places a limitation on the right of appeal where the

accused has pleaded guilty and has been convicted on such plea.6

Formerly appeals from the Magistrates court were as follows:

(a) where the case has been heard by the Chief Magistrate or a Stipendiary

and Circuit Magistrate, exercising original jurisdiction, to the

Supreme Court;

(b) in all other cases, to the Chief Magistrate, a Stipendiary and Circuit

Magistrate or a Circuit Justice on circuit. In any case where the

appeal is by way of case stated, such appeal shall lie to the Supreme

Court.7

Now the position is that if the case involves an indictable offence for which

the offender is liable to imprisonment for at least one year and the matter

was tried summarily; or if an Indictable offence is tried summarily; the

appeals lie to the Court of Appeal.

In other instances, if the matter was tried by the Chief Magistrate; Deputy

Chief Magistrate; a Senior Stipendiary and Circuit Magistrate or Circuit

Justice on circuit, appeal will lie to the Supreme Court.

Barbados

Where a Magistrate dismisses an information or complaint or refuses to

convict or make an order, the informant may appeal to the Court of Appeal.8

On the other hand where a Magistrate convicts or makes an order the

person convicted or against whom the order is made, may appeal to the

Court of Appeal against such conviction or order.9 In case of a conviction

where the appellant has pleaded guilty before the Magistrate, the appeal

may only be against sentence.10

Belize

Any person dissatisfied with any decision of an inferior Court may appeal

to the Supreme Court.11 This right is subject to the following limitations:

No appeal shall lie to the Court where:

(a) the party in the inferior Court confessed or admitted the truth of

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the accusation, or the correctness of the claim, as the case maybe,

brought against him;

(b) imprisonment is adjudged for failure to comply with an order for

the payment of money, for the finding of sureties, for the entering

into any recognizance or for the giving of any security;

(c) by virtue of any law or which may hereafter be in force the accused

has specially consented to an adjudication of his case by the Inferior

Court; or

(d) it is provided by any statute that no appeal shall lie from the decision

of an inferior Court in any particular case.12

Jamaica

An appeal from any judgment of a Magistrate in any case tried by him on

indictment or information by virtue of a special statutory summary

jurisdiction shall lie to the Court of Appeal.13 There are no provisions here

for the complainant or informant to appeal against the order of the court.

Montserrat

The provisions are similar to that of the Bahamas: Any person who is

dissatisfied with any judgment, sentence or order of the Magistrate’s Court

in any criminal cause or matter to which he is a party may appeal to the

Court of Appeal against such judgment, sentence, or order either by motion

on matters of law (or both) or by way of case stated on a point of law.14

There is the proviso that in no case shall the complainant appeal from a

decision dismissing a complaint except by way of a case stated on a point of

law.

Just as in the Bahamas when any person is convicted by the Magistrate’s

Court the Magistrate is obliged to inform him at the time when sentence

is passed of his right to appeal and the steps which must be taken. The

Magistrate shall make a note that such information has been given by him

to such person and such note shall be conclusive as to the provisions of the

section having been complied with.15 (Criminal Procedure Code section

164(1)).

No appeal is allowed where the accused has pleaded guilty and has been

convicted by the Magistrate’s Court of such plea, except as to the extent or

legality of the sentence, unless the plea is alleged to have been equivocal or

not voluntary.