CRIMINAL APPEALS ACT 2004 - SECT 24
CRIMINAL APPEALS ACT 2004 - SECT 24
24 . Rights of appeal of prosecutor
(1) The prosecutor may
appeal to the Court of Appeal against any one or more of the following
decisions by a judge of a superior court in relation to a charge of an
indictable offence —
(a) the
sentence imposed on a person convicted of the charge or any order made as a
result of the conviction;
(b) the
sentence imposed on a person convicted by a court of summary jurisdiction of
the charge and committed for sentence or any order made as a result of the
conviction;
(c) a
refusal to make an order that might be made as a result of a conviction.
(2) The prosecutor may
also appeal to the Court of Appeal against any one or more of the following
decisions by a judge of a superior court in relation to a charge of an
indictable offence —
(a) a
decision refusing to consent to the discontinuance of the prosecution of the
charge;
(b) a
judgment entered under the Criminal Procedure Act 2004 section 128(2) or (3);
(c) a
decision ordering a permanent stay of proceedings on the charge;
(d) a
decision ordering an adjournment of proceedings on the charge;
(da) a
judgment of acquittal (other than a judgment of acquittal on account of
unsoundness of mind) entered after a jury’s verdict of not guilty of a
charge the statutory penalty for which is or includes imprisonment for 14
years or more or life, but only on the grounds that before or during the trial
the judge made an error of fact or law in relation to the charge;
(e) a
judgment of acquittal (other than a judgment of acquittal on account of
unsoundness of mind) —
(i)
entered after a decision by the judge that the accused
has no case to answer on the charge; or
(ii)
entered in a trial by the judge alone;
(f) any
judgment entered as a result of any of the above decisions;
(g) any
order made as a result of any of the above decisions or judgments.
[Section 24 amended: No. 2 of 2008 s. 32.]