Criminal Revisions

In addition to its original and appellate criminal jurisdiction, the High Court has revisionary jurisdiction in respect of criminal proceedings and matters dealt with by the State Courts (section 23 of the Supreme Court of Judicature Act). The relevant legislation on the High Court’s revisionary jurisdiction and the procedure to be adopted for such appeals are contained in, respectively, section 23 of the Supreme Court of Judicature Act and section 400 to 404 of the CPC. The revisionary jurisdiction of the High Court empowers the Court to examine the record of any criminal proceedings before the State Courts or any criminal case disclosure conference, and correct any irregularities in the decisions of such matters. The High Court may exercise its revisionary powers even when no appeal has been filed.

Where a party files an application for Criminal Revision, it should be accompanied by an affidavit supporting the application and if relevant, the Records of Proceedings.

As in the case of Magistrate’s Appeals, Criminal Revisions are open court hearings and may be attended by the public.

The decision of the High Court in a Criminal Revision is final.  However, any party to the matter may, with leave of the Court of Appeal, refer a question of law of public interest arising from the matter to the Court of Appeal (section 397(1) of the Criminal Procedure Code).  The Public Prosecutor may refer any question of law of public interest to the Court of Appeal, without the leave of the Court of Appeal (section 397(2) of the Criminal Procedure Code). 

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