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Criminal appeals against decisions of the State Courts
Key facts
Note
This is the process for appealing against a decision by the State Courts. To appeal against a decision by the General Division of the High Court, refer to Criminal appeals against decisions of the General Division of the High Court.
If you appeal against a State Courts decision, your appeal will be heard by the General Division of the High Court.
Refer to the following on how you can appeal against a State Courts decision.
Who can file | The accused or prosecution involved in a criminal case in the State Courts. |
What can be appealed against | A decision made by the court in a trial or at a mention in a criminal case. |
When to file | For an appeal against conviction, or an appeal against conviction and sentence, within 14 days after the date of the sentence.
|
Filing fees | $50 application fee when filing the Notice of Appeal. Note: If you were charged before 2 January 2011, the fee is $5. |
How to file | You can file either online via the Integrated Case Management System (ICMS) or in person at the State Courts Service Hub during the operating hours. |
How to file an appeal
A Notice of Appeal is a signed form that indicates your intention to appeal.
When to file:
- In an appeal against conviction, or an appeal against conviction and sentence, you must file a Notice of Appeal within 14 days after the date of the sentence. If you wish to appeal against conviction, you should not file the appeal until the lower court imposes a sentence for the offence.
- In any other case, you must file a Notice of Appeal within 14 days after the date of the judgment, sentence or order.
Note: The number of days includes weekends but excludes the day on which the sentence was made.
Example
If the date of your sentence or order is 1 September, you must file your appeal by 15 September.
Note: If you miss the deadline, you have to file a criminal motion to the General Division of the High Court to apply for an extension of time to appeal.
For the Notice of Appeal, you will need to state:
- Your case information (case number, date, court number, parties involved).
- Briefly, the substance of the judgment, sentence or order appealed against (for example, “appeal against conviction” or “appeal against conviction and sentence”).
- Your address, to receive any appeal documents.
- Your NRIC number and contact number.
You may need to include more information in the following cases:
| If you are... | What to do |
|---|---|
| Filing on behalf of a company | Attach a letter of authorisation that shows you are authorised to represent the company. |
| A complainant appealing against the acquittal or sentence of an accused in a private prosecution | Seek written approval from the Attorney-General's Chambers and attach the public prosecutor's consent. |
You must pay $50 to file a Notice of Appeal. How you pay depends on how you file:
| Filing method | Payment method |
|---|---|
| File online via ICMS | Pay online with a credit or debit card, or at a payment kiosk in the State Courts, Level 2 (using cash, NETS or a credit card excluding AMEX). |
| Visit the State Courts Service Hub during the operating hours | Pay using cash, NETS or credit card. |
After filing the Notice of Appeal, you will receive the following documents via courier service:
- Grounds of decision: The court’s reason for its decision.
- Notes of evidence: A word-for-word transcript of what was said in court during the trial or plead guilty mention.
Note: If you need additional copies, you have to pay $0.50 for each page, subject to a minimum of $10. You can submit a request via ICMS.
Tip
You should read these documents carefully and consider if you wish to continue with the appeal. You may wish to seek legal advice on the merits of your case.
A Petition of Appeal states the grounds (reasons) on which you are appealing against the lower court’s decision. It must contain sufficient particulars of any points of law or fact which the appellant claims the lower court decided wrongly.
When to file:
Within 14 days after service of the record of proceedings and grounds of decision.
Note: If you were charged before 2 January 2011, the deadline is 10 days.
- If you miss the deadline, you have to file a criminal motion to the General Division of the High Court to apply for an extension of time to appeal.
- If you do not file within the deadline, the court will treat your appeal as withdrawn.
How to file
You can either file online via ICMS, or by visiting the State Courts Service Hub during the operating hours.
After you file
After you have filed the Petition of Appeal, the State Courts will send the documents related to your case to the General Division of the High Court. You will receive a notification when this is done.
After you have filed the Petition of Appeal, the General Division of the High Court will inform you of your appeal hearing date (if any) by post and email.
When to file:
By 4pm, at least 10 days before the day of the appeal hearing. This is subject to the Court giving different directions.
File written submissions via eLitigation.
- Written submissions are the arguments you intend to place before the court. View the Supreme Court Practice Directions for guidelines.
- File the written submissions via eLitigation and prepare 2 sets of hard copies and visit the Supreme Court Service Hub to submit these.
Submit the bundle of authorities to the Supreme Court Service Hub
- Authorities include the relevant cases, statutes, subsidiary legislation and other materials that support your arguments. View the Supreme Court Practice Directions for guidelines.
- Prepare 2 sets of hard copies and visit the Supreme Court Service Hub to submit these.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Refer to:
- Part 12 of the State Courts Practice Directions on electronic filing and service of documents for the State Courts
- Part 14 of the Supreme Court Practice Directions on electronic filing and service of documents for the Supreme Court.
- Part 15 of the Supreme Court Practice Directions on the use of technology facilities in the Supreme Court.
- Paragraph 90 of the Supreme Court Practice Directions on skeletal arguments.
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