Comparison View

Formal Consolidation |  2020 RevEd
Notice and petition of appeal
129.—(1)  An appeal is brought by way of a notice of appeal, signed by the appellant and lodged with the registrar of the Military Court of Appeal.
(2)  A notice of appeal must be lodged within 10 days after the date on which the decision appealed against was given except that the Military Court of Appeal may, on the application of any party desirous of appealing showing sufficient cause, extend the time for the lodging of an appeal upon such terms and subject to such directions as the Court thinks fit.
(3)  The other party to the proceedings before the subordinate military court from whose decision or sentence the appeal is lodged is the respondent to the appeal.
(4)  Every notice of appeal must contain an address to which any notices or documents connected with the appeal may be served upon the appellant or the appellant’s counsel.
(5)  When a notice of appeal has been lodged, the registrar of the Military Court of Appeal must cause a copy of the grounds of decision in the case signed by the president of the subordinate military court and a copy of the record of proceedings to be served on the appellant or the appellant’s counsel —
(a)by leaving it at the address mentioned in the notice of appeal; or
(b)by posting it by registered post addressed to the appellant at that address.
(6)  Within 10 days or such extension of time as the Military Court of Appeal may permit, after the copies of the grounds of decision and of the record of proceedings have been served as provided in subsection (5), the appellant or the appellant’s counsel must lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or the appellant’s counsel and addressed to the Military Court of Appeal.
(7)  Every petition of appeal must state shortly the substance of the judgment appealed against and the grounds of appeal and must include particulars of the points of law or fact in regard to which the subordinate military court is alleged to have erred.
(8)  Except by leave of the Military Court of Appeal, the appellant is not to be permitted at the hearing of the appeal to rely on any grounds of appeal other than those set forth in the petition of appeal.
(9)  If a petition of appeal is not lodged within the time prescribed by this section, the appeal is deemed to have been withdrawn and the subordinate military court is to enforce its sentence or order where there has been a stay of execution.
(10)  Nothing in subsection (9) limits or restricts the power of extending the time for appeal and for the lodging of a petition of appeal conferred upon the Military Court of Appeal by subsections (2) and (6).
Informal Consolidation | Amended Act 24 of 2022
Notice and petition of appeal
129.—(1)  An appeal is brought by way of a notice of appeal, signed by the appellant and lodged with the registrar of the Military Court of Appeal.
(2)  A notice of appeal must be lodged within 10 days after the date on which the decision appealed against was given except that the Military Court of Appeal may, on the application of any party desirous of appealing showing sufficient cause, extend the time for the lodging of an appeal upon such terms and subject to such directions as the Court thinks fit.
(3)  The other party to the proceedings before the subordinate military court from whose decision or sentence the appeal is lodged is the respondent to the appeal.
(4)  Every notice of appeal must contain an address, a fax number or an electronic mail address to which any notices or documents connected with the appeal may be served upon the appellant or the appellant’s counsel.
[Act 24 of 2022 wef 28/10/2022]
(5)  When a notice of appeal has been lodged, the registrar of the Military Court of Appeal must cause a copy of the grounds of decision in the case signed by the president of the subordinate military court and a copy of the record of proceedings (called in this subsection the appeal documents) to be served on the appellant or the appellant’s counsel —
(a)by delivering the appeal documents at the address mentioned in the notice of appeal to —
(i)the appellant;
(ii)where the appellant is not present at the address and the address is a business address — the appellant’s counsel or any other adult person present at the address; or
(iii)where the appellant is not present at the address and the address is a residential address — an adult person who is a member of the appellant’s family;
(b)by posting the appeal documents by registered post addressed to the appellant or the appellant’s counsel (as the case may be) at the address mentioned in the notice of appeal;
(c)by addressing the appeal documents to the appellant or the appellant’s counsel (as the case may be), and transmitting the documents by fax to the fax number mentioned in the notice of appeal;
(d)by addressing the appeal documents to the appellant or the appellant’s counsel (as the case may be), and transmitting the documents to the electronic mail address mentioned in the notice of appeal; or
(e)by any other prescribed method.
[Act 24 of 2022 wef 28/10/2022]
(6)  Within 10 days or such extension of time as the Military Court of Appeal may permit, after the copies of the grounds of decision and of the record of proceedings have been served as provided in subsection (5), the appellant or the appellant’s counsel must lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or the appellant’s counsel and addressed to the Military Court of Appeal.
(7)  Every petition of appeal must state shortly the substance of the judgment appealed against and the grounds of appeal and must include particulars of the points of law or fact in regard to which the subordinate military court is alleged to have erred.
(8)  Except by permission of the Military Court of Appeal, the appellant is not to be permitted at the hearing of the appeal to rely on any grounds of appeal other than those set forth in the petition of appeal.
[Act 25 of 2021 wef 01/04/2022]
(9)  If a petition of appeal is not lodged within the time prescribed by this section, the appeal is deemed to have been withdrawn and the subordinate military court is to enforce its sentence or order where there has been a stay of execution or enforcement.
[Act 25 of 2021 wef 01/04/2022]
(10)  Nothing in subsection (9) limits or restricts the power of extending the time for appeal and for the lodging of a petition of appeal conferred upon the Military Court of Appeal by subsections (2) and (6).