Criminal Motions

Various applications may be made by either the accused or the Public Prosecutor, either in the course of or pending criminal proceedings heard by the Supreme Court. The applications commonly arising in this respect include:

  • bail pending trial or appeal;
  • variation of the amount of bail;
  • extension of time to file the Notice of Appeal or the Petition of Appeal;
  • quashing an order made by the State Courts;
  • transfer of a case from the State Courts to the High Court;
  • reservation of a question of law to the Court of Appeal by way of a Criminal Reference; and
  • request for production of papers and documents.

Such applications are made by way of Criminal Motions. In general, a Criminal Motion may be filed at any time. If, however, the Criminal Motion seeks leave to refer a question of law for the Court of Appeal’s determination pursuant to section 397 of the CPC, it must be filed within 1 month of the date of the High Court decision which gave rise to the question of law (section 397(3) of the Criminal Procedure Code).

Criminal Motions that are filed to the High Court are heard in the next available MA sitting. The public may attend Criminal Motions which are heard in open court.