Section 485 Administration of Criminal Justice Act 2015 NG
Section 485 of the Administration of Criminal Justice Act 2015
Section 485 of the Administration of Criminal Justice Act 2015 is under PART 48 of the Act. It is about APPEAL FROM MAGISTRATE COURTS TO HIGH COURTS.
Headline: Appeals from magistrate courts.
(1) Appeals from a magistrate court to the High Court of the Federal Capital Territory in criminal matters shall be in accordance with the High Court Act of the Federal Capital Territory or any rule made under any such Act.
(2) Where a defendant has been acquitted or an order of dis¬missal made by a magistrate court the prosecutor may appeal to the High Court from such acquittal or dismissal on the ground that it is erroneous in law or that the proceedings or any part thereof were in excess of the jurisdiction of the magistrate court.
(3) An appeal, in accordance with the provisions of this Part, shall be commenced by the appellant by giving notice to the registrar of the court from which the appeal is brought and such notice of appeal shall be signed by the appellant.
(4) The notice of appeal shall be given in every case before the expiration of the 30th day after the day on which the court has made the decision appealed against.
(5) An appellant shall file many copies of his notice of appeal as there are parties to be served, in addition to the copies for the court.
(6) An appellant, in an appeal brought in accordance with the provisions of this Part, shall, within 30 days of the pronouncing of the decision appealed against, file with the registrar of the court from which the appeal is brought a brief setting forth the grounds of his appeal which shall be signed by the appellant or the legal practitioner representing him.
(7) An appellant, shall file as many copies of his brief of grounds of appeal, as there are parties to be served, in addition to the copies for the court.
(8) In his brief of grounds of appeal the appellant shall set forth in separate ground of appeal each error, omission, irregularity or other matter on which he relies or of which he complains with particulars sufficient to give the respondent due notice thereof.
(9) Without prejudice to the generality of subsection (8), the brief of ground of appeal may set forth all or any of the following grounds:
(a) that the lower court has no jurisdiction in the case;
(b) that the lower court has exceeded its jurisdiction in the case;
(c) that the decision has been obtained by fraud;
(d) that the case has already been heard or tried and decided by or forms the subject of a hearing or trial pending before a competent court;
(f) that the decision is unreasonable or cannot be supported having regard to the evidence;
(g) that the decision is erroneous in point of law;
(h) that some other specific illegality, not mentioned and substantially affecting the merits of the case, has been committed in the course of the proceedings in the case; or
(i) that the sentence passed on conviction is excessive or in- adequate, unless the sentence is one fixed by law.
(10) Where the appellant relies upon the grounds of appeal mentioned in subsection (9)(d), the name of the court shall be stated and, if it is alleged that a decision has been made, date of such decision.
(11) Where the appellant relies upon the ground of appeal mentioned in subsection (9)(g), the nature of the error shall be stated and, where he relies upon the ground of appeal mentioned in subsection (9)(h), the illegality complained of shall be clearly specified.
(12) A sentence by a magistrate court shall take effect notwithstanding an appeal unless:
(a) a warrant has been issued under section 326 of this Act when no sale of property shall take place until the sentence has been confirmed or the appeal decided; or
(b) an order for release on bail pending any further proceeding has been made by a competent court when the time during which the convicted person had been so released shall be excluded in computing the period of any sentence which he has ultimately to undergo.
(13) A High Court exercising appellate jurisdiction shall not, in the exercise of such jurisdiction, interfere with the finding or sentence or other order of the lower court on the ground only that evidence has been wrongly admitted or that there has been a technical irregularity in procedure, unless it is satisfied that a failure of justice has been occasioned by such admission or irregularity.