SUPREME COURT ACT 1933 - SECT 37O Orders on appeal

SUPREME COURT ACT 1933 - SECT 37O

    (1)     The Court of Appeal has the following powers in relation to the order appealed from:

        (a)     to confirm, reverse or amend the order;

        (b)     to give any order it considers appropriate, or refuse to give an order applied for;

        (c)     to set aside the order (completely or in part) and remit the proceeding to the court constituted by a single judge for further hearing and decision, subject to any directions the Court of Appeal considers appropriate;

        (d)     to set aside the verdict and order in a trial on indictment and order a verdict of not guilty (or another verdict) to be entered;

        (e)     to order a new trial, with or without jury, on any appropriate ground;

        (f)     to award enforcement of any order, or remit the proceeding to the court constituted by a single judge for enforcement of the order.

    (2)     The Court of Appeal on an appeal against conviction must—

        (a)     allow the appeal if it considers that—

              (i)     the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot be supported, having regard to the evidence; or

              (ii)     the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law; or

              (iii)     on any other ground there was a miscarriage of justice; or

        (b)     dismiss the appeal.

    (3)     However, the Court of Appeal may also dismiss an appeal against conviction if it considers that—

        (a)     the point raised by the appeal might be decided in favour of the appellant; but

        (b)     no substantial miscarriage of justice has actually occurred.

    (4)     If a judgment of the Court of Appeal is remitted for execution under subsection (1) (f), the court constituted by a single judge must execute the judgment of the Court of Appeal as if it were that judge's own judgment.

    (5)     The Court of Appeal may exercise powers under subsection (1) in relation to the order appealed from—

        (a)     despite any application in the notice of appeal that part only of the order be reversed or amended; and

        (b)     in favour of all or any of the respondents or other parties, including any who have not appealed from or complained of the order.

    (6)     An interlocutory order from which there has been no appeal does not prevent the Court of Appeal from making any order on the appeal it considers just.

    (7)     In a criminal matter, the powers of the Court of Appeal in an appeal against sentence (whether by the prosecution or defendant) include the following powers:

        (a)     to increase or decrease the sentence;

        (b)     to substitute a different sentence.