401Right of appeal

401 Right of appeal

[Section 401 Amended by 25 Geo. V No. 78 ][Section 401 Amended by No. 74 of 1975, s. 12 ][Section 401 Amended by No. 83 of 1987, s. 7 ]**[Section 401 Amended by No. 41 of 1996, s. 4 ]

(1)  A person convicted before a court of trial may appeal to the Court –

(a) against his conviction on any ground which involves a question of law;

(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 his conviction upon a ground of appeal –

(i) which involves a question of fact alone;

(ii) which involves a mixed question of fact and law;

(iii) which appears to the Court to be a sufficient ground of appeal; and

(c) against the sentence passed on his conviction, unless the sentence is one fixed by law.

(2)  The Attorney-General may appeal to the Court –

(a) against an order arresting judgment;

(b) by 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 an acquittal on a question of law;

(ba) [Section 401 Amended by No. 76 of 2009, s. 9, Applied:11 Dec 2009] by leave of the Court, against a stay of proceedings; or

(bb) [Section 401 Amended by No. 4 of 2022, s. 4, Applied:08 Jun 2022] in respect of an indictment tried by a single judge in accordance with an order under section 361AA  –

(i) against a decision of a question of law or a question of fact; or

(ii) against a verdict, on the ground that it is unreasonable or cannot be supported having regard to the evidence; or

(c) against the sentence;

(d) by leave of the Court or the trial judge, against an order quashing an indictment; or