Article 6.17 Right of Appeal

(a) 6.17.1 Each of these persons may appeal a decision or order of the court under this Code:

(A) with the leave of the appeal court, the accused or the prosecutor may appeal against an order or determination of the court other than a finding of guilty or not guilty or a sentence;

(B) the accused:

(1) found guilty of an offence may appeal against the finding of guilt or the sentence, or both; or

(2) found not guilty of a crime or misdemeanour by reason of mental impairment may appeal against the finding unless the accused advanced mental impairment;

(C) the prosecutor if the accused has been:

(1) found guilty of an offence, against the sentence; or

(2) found not guilty of an offence, against the finding; or

(3) found not guilty of an offence by reason of mental impairment, against the finding.

(b) 6.17.2 An appeal:

(D) must be filed with the registry and served on the other party within 30 days after the date of the decision of the court;

(E) must state the grounds of appeal, including any matters of fact or law appealed against and the reasons; and

(F) may with the prior approval of the appeal court include new factual evidence that was not known before the end of the trial.

(c) 6.17.3 The appeal court may make such orders for the conduct and hearing of the appeal as the appeal court considers just. The orders may include an order that the appeal will be considered on the papers or that verbal evidence or arguments, or both, will be permitted. Each party must comply with any such orders.

(d) 6.17.4 The court:

(G) may allow an appeal in whole or in part or refuse the appeal;

(H) if it allows the appeal in whole or in part, may vacate the decision of the court appealed against and substitute its own decision or remit the matter to the original court for a further hearing and decision.

(e) (5) The decision by the appeal court in respect of an appeal may be given verbally or in writing. If given verbally, must be confirmed in writing, In each case the decision must be supported by reasons that state the appeal court’s findings of fact and law.

(f) 6.17.6 There shall be no further appeal in respect of a determination of the appeal court under this Article Error: Reference source not found.Article 6.17