Filing a criminal appeal in Singapore can feel overwhelming, especially when facing the uncertainty of a case outcome. Understanding the criminal appeal process is essential if you believe there has been an error in the judgment or an unfair sentence.
This guide explains the steps involved in appealing a criminal case, how long a criminal appeal takes, and what you need to know before proceeding. We aim to provide clear and practical information tailored for Singaporeans seeking clarity on their legal rights.
What Is A Criminal Appeal In Singapore?
A criminal appeal is a legal process where a convicted person (the appellant) requests a higher Court to review the decision made by the lower Court. The purpose of an appeal is not to conduct a retrial but to examine whether the lower Court made errors in law or facts that affected the outcome of the case. If the criminal appeal is successful, the higher Court may overturn the conviction, reduce the sentence, or order a retrial.
Criminal Appeal Process In Singapore
Understanding the criminal appeal process is crucial for anyone considering an appeal. Here is a step-by-step breakdown:
1. Filing The Notice Of Appeal
The first step in a criminal appeal is to file a Notice of Appeal within 14 days of the sentencing or conviction. This document officially notifies the Court and the opposing party of your intention to appeal. Missing this deadline may result in your appeal being dismissed unless exceptional circumstances justify an extension.
It is recommended that a lawyer be engaged early to ensure that the Notice of Appeal is filed correctly and on time.
2. Preparing The Grounds Of Appeal
After filing the Notice of Appeal, draft the Grounds of Appeal. This document outlines why you believe the lower Court’s decision was incorrect. Grounds of appeal can include errors in the interpretation of the law, procedural mistakes during the trial, or new evidence that was not previously available.
Crafting strong and persuasive grounds requires a detailed understanding of legal principles, which is why engaging experienced legal counsel is beneficial.
3. Submitting The Record Of Proceedings
The appellant must obtain and submit the official record of proceedings, which includes Court transcripts, exhibits, and any other relevant documentation. This step is vital because the appellate Court relies on these records to review what transpired during the initial trial.
Ensuring that all necessary documents are accurate and complete can prevent delays and strengthen your appeal.
4. Hearing Of The Appeal
Once all documents are submitted, a hearing date is set. During the appeal hearing, both the appellant and the respondent (usually the prosecution) will present their arguments before the appellate Court. The judges may ask questions to clarify points raised in the Grounds of Appeal.
The hearing outcome can vary—the appellate Court may uphold the original decision, reduce the sentence, order a retrial, or acquit the appellant entirely.
How Long Does A Criminal Appeal Take?
The time required for a criminal appeal varies depending on the complexity of the case and the Court’s schedule. On average, it may take several months from filing the Notice of Appeal to the final judgment. Ensuring that all documents are submitted promptly and correctly can help speed up the process.
If you are appealing a conviction or both the conviction and the sentence, you must file the Notice of Appeal within 14 days of the sentencing date. It is important to wait until the lower Court imposes a sentence before filing an appeal against the conviction.
In all other situations, including appeals solely against a sentence or order, the Notice of Appeal must also be filed within 14 days of the judgment, sentence, or order date. Filing outside of these time limits is only allowed under exceptional circumstances.
Factors To Consider Before Filing An Appeal
Before proceeding with an appeal criminal case, it is essential to weigh the following factors:
- Likelihood Of Success: Appeals are only granted with valid legal grounds. Seeking professional advice can help you assess your chances.
- Cost Of The Appeal: Engaging a lawyer and obtaining necessary documents can be costly. It’s wise to factor in the potential expenses.
- Potential Outcomes: While a successful appeal can lead to a better outcome, there is also a risk that the sentence could be increased.
Conclusion About The Process For Criminal Appeal
Appealing a criminal case in Singapore can be stressful, but with the right knowledge and legal support, you can go through the process more confidently.
Whether you are seeking to reduce a sentence or overturn a conviction, understanding how the criminal appeal process works is a critical first step.
If you need assistance with your appeal, contact Tembusu Law, where some of the best criminal lawyers in Singapore are ready to help you. Schedule a consultation today to discuss your case.
Frequently Asked Questions About The Process For Criminal Appeal
Can Anyone File a Criminal Appeal?
Yes, the convicted person and the prosecution can file a criminal appeal. However, it must be done within 14 days of the conviction or sentencing. Failure to meet this deadline may result in the appeal being dismissed.
What Are the Common Grounds for a Criminal Appeal?
Common grounds for filing a criminal appeal in Singapore include procedural irregularities, incorrect application of the law, unreasonable verdicts unsupported by evidence, or the emergence of new, significant evidence that could alter the case outcome.
How Much Does It Cost to File a Criminal Appeal?
The cost of filing a criminal appeal depends on various factors, including lawyer fees, document preparation, and Court fees. It is advisable to seek a detailed estimate from a legal professional before proceeding.
Do I Need a Lawyer for a Criminal Appeal?
Although you can technically file a criminal appeal on your own, it is strongly recommended to engage a lawyer. An experienced lawyer can provide expert guidance, prepare strong grounds for appeal, and represent your case effectively before the Court.
