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Section history

Section 374 — When appeal may be made

As in force on 1 May 2023.

Timeline 7 versions
  1. 2 January 2011 Enacted
  2. 1 January 2013 Act 30 of 2012, Act 33 of 2012
  3. 7 March 2014 Act 5 of 2014
  4. 31 October 2018 Act 19 of 2018, S 724 of 2018
  5. 2 January 2021 Act 40 of 2019
  6. 31 December 2021 Revised edition
  7. 1 May 2023 You are here
  8. 17 August 2026 Latest
374.When appeal may be made

(1)An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law.

(2)An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

(3)An appeal by the Public Prosecutor is to be against the acquittal of an accused or the sentence imposed on an accused or an order of the trial court.

(4)An appeal by a person convicted by a trial court is to be against the person’s conviction, the sentence imposed on the person or an order of the trial court.

(4A)No appeal may lie against the conviction of an accused of any offence by a trial court until after the trial court imposes a sentence in relation to that offence.

(5)No appeal may lie against any order made by a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court in any criminal case disclosure conference held under Part 9 or 10.

(6)To avoid doubt, any appeal against a decision of the General Division of the High Court is to be made to the Court of Appeal (and not to the Appellate Division of the High Court).