CRIMINAL APPEAL ACT 1912 - SECT 5
Right of appeal in criminal cases
CRIMINAL APPEAL ACT 1912 - SECT 5
Right of appeal in criminal cases
5 Right of appeal in criminal cases
(1) A person convicted on indictment may appeal under this Act to the court--
(a) against the person's conviction on any ground which involves a question of
law alone, and
(b) with the leave of the court, or upon the certificate of
the judge of the court of trial that it is a fit case for appeal against the
person's conviction on any ground of appeal which involves a question of fact
alone, or question of mixed law and fact, or any other ground which appears to
the court to be a sufficient ground of appeal, and
(2) For the
purposes of this Act, a person for whom a
special verdict of act proven but not criminally responsible is entered is, if
the defence of mental health impairment or cognitive impairment was not set up
as a defence by the person, taken to be a person convicted and an order to
keep the person in custody is taken to be a sentence.
