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Unibot
Banned
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Joined:
Apr 2014
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Under Section 3 of the 2013 Charter, there was no opportunity to appeal a decision if the entire court sat on a hearing and if the entire court did not sit on a hearing there was no time limit set on when an appeal needed to be declared.
Quote:If the case is held with a partial court, the defendant may appeal the case if they feel the sole justice acted unfairly. With a full court, no appeals may be made.
Under the new system, in the current Charter, a defendant has fourteen days to file notice to the High Court.
Quote:1. To appeal the decision of a criminal case the defendant, his representative or the prosecution must file notice with the High Court within fourteen (14) days of the High Court ruling.
My question to the Court is there any available and existing legal opportunity to appeal for those who were prosecuted prior to this recent change in the Charter's appellate system?
If the answer is no,
Is this a violation of the Bill of Rights, Article 2.5?
Is this a violation of the Bill of Rights, Article 2.3?
And, finally, does this situation conflict in any such way with the Charter?
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