A criminal revision in Singapore allows the High Court to review State Court proceedings to ensure they were conducted correctly. But what is criminal revision? It focuses on rectifying significant procedural or legal errors rather than revisiting the facts of the case.
The primary aim of a criminal revision is to maintain the fairness and legality of the trial process, ensuring justice is upheld. It is not an avenue to re-assess evidence but to address irregularities in how the law was applied.
Navigating Singapore’s legal system can be challenging, especially when deciding whether to file a criminal appeal or a criminal revision. Both legal processes offer ways to challenge Court decisions, but they serve different purposes.
This guide to filing a criminal revision will help you understand the key differences between an appeal and a revision.
1. Prepare The Necessary Documents
Start by preparing your petition for criminal revision, which must detail the procedural or legal errors during the trial.
Be sure to submit these via eLitigation:
- All information on your original case
- A completed Petition of Revision form (Forms 70 or 71 from the Schedule of the Criminal Procedure Rules 2018)
- A supporting affidavit which includes a signed statement made under oath that explains the reasons for your application
- The record of proceedings (transcripts and documents) if your original case involved a State Court hearing
2. File The Petition With The High Court
Once your criminal review petition is prepared, you must file it with the High Court in Singapore. Ensure that all supporting documents are included and that the filing complies with the Criminal Procedure Code (CPC). The petition can be submitted in person or through your legal representative.
Upon submission, the Court will review the application to determine if it warrants a hearing. The Court focuses on whether significant procedural errors or legal irregularities justify a revision.
3. Wait For The Court’s Decision To Proceed
Once you file your criminal review petition, you must wait for the High Court to review your case. The Court will decide whether there are substantial grounds, such as significant procedural errors or legal irregularities, to justify a criminal revision.
The judge will assess if these issues could have led to a miscarriage of justice. If the Court finds merit in the petition, leave for revision will be granted, and the case will proceed to a hearing. If not, the petition may be dismissed without a hearing.
4. Attend The Court Hearing
If the High Court grants leave for the criminal revision, you must attend a hearing. During the hearing, both the petitioner (you or your legal counsel) and the opposing party will present their arguments, focusing on the specific procedural errors highlighted in the criminal review petition.
The High Court will evaluate whether these errors affected the fairness of the trial. Based on the evidence presented, the judge may revise or correct the lower court’s decision or dismiss the revision if no substantial issues are found.
Difference Between Criminal Appeal And Criminal Revision
A criminal appeal allows a party to challenge the legal outcome of a case based on errors in law or fact. The purpose of an appeal is to request a higher Court to review and perhaps overturn a lower Court’s decision.
On the other hand, a criminal revision focuses on correcting procedural irregularities or legal mistakes without necessarily disputing the lower Court’s findings. In Singapore, a criminal revision ensures that justice is administered properly, while an appeal seeks to change the verdict entirely.
Key differences between appeal and revision include:
- Appeal: This process reviews a court’s judgment for errors in law or fact, allowing the appellate court to reassess the entire case. It often involves a thorough examination of the trial record and legal arguments.
- Revision: Revision focuses on correcting specific legal or procedural errors to ensure fairness in the legal process. It does not involve a full case review but targets particular irregularities that may have affected the outcome.
- Process: Appeals generally involve a comprehensive review, while revisions are more limited and address specific issues without re-evaluating the entire case.
Conclusion About Criminal Revision
Remember, if you file for an appeal to change your sentence, the judge could either reduce or increase it, so that is a risk you will need to take knowingly. It is also generally harder for revisions to be successful as the High Court will be very selective about accepting applications.
Our team of expert criminal lawyers in Singapore will give you the legal guidance you need to secure a fair outcome for your case. If your legal matters also involve family law issues, consult our divorce lawyers in Singapore for comprehensive support.
Contact us today if you have any questions regarding criminal appeal, criminal revision, or anything else related to criminal law in Singapore.
Frequently Asked Questions About Criminal Revision
What Is The Purpose Of A Criminal Revision?
A criminal revision ensures that the High Court can review and correct procedural or legal errors made during a trial without challenging the factual findings. It focuses on addressing irregularities that may have impacted the fairness of the trial.
What Are The Grounds For Filing A Criminal Revision?
You can file a criminal revision if there are significant legal or procedural errors in the lower Court’s judgment, such as wrongful admission of evidence or failure to observe legal procedures.
How Is A Criminal Revision Different From An Appeal?
A criminal revision focuses on correcting procedural mistakes, while an appeal challenges the trial’s outcome or verdict, often involving a re-examination of the facts or evidence.
Who Can File A Criminal Revision In Singapore?
Any party involved in a criminal case, including the prosecution or the defence, can file for a criminal revision if they believe there were procedural errors during the trial.
