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The procedure for appeals to the Crown Court is governed by the Criminal Procedure Rules (CrimPR) Part 34. [ 25 ] [ 26 ] A defendant can appeal to the Crown Court against conviction or sentence. If the appeal is against conviction then the hearing is de novo, that is, it is a complete rehearing of the original trial.
The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act [2] and Rules, [3] the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, [4] jurisprudence, court practice rules and other legislation.
Magistrates' Courts Act (Northern Ireland) 1964 Description English: An Act to amend and consolidate the law relating to the offices of justice of the peace, resident magistrate and clerk of petty sessions, the jurisdiction of, and the practice and procedure before, magistrates' courts, and to matters connected therewith.
The Magistrates' Courts Act 1980 [1] (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act. [3] It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal ...
Among the advantages of statute law is that legislation is accessible and therefore broadly "knowable;" that it is dynamic and flexible, and so easily amended; and that it promotes legal certainty, with a formal procedure required for its repeal. Among its disadvantages is that, under a common-law system, legal certainty is frequently an ...
Magistrates also sit at the Crown Court to hear appeals against verdict and/or sentence from the magistrates' court. In these cases the magistrates form a panel with a judge. [57] A magistrate is not allowed to sit in the Crown Court on the hearing of an appeal in a matter on which they adjudicated in the magistrates' court. There is a right of ...
The magistrates' courts are the lowest level of the court system in South Africa.They are the courts of first instance for most criminal cases except for the most serious crimes, and for civil cases where the value of the claim is below a fixed monetary limit.
An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates' courts and the functions of justices' clerks, and to matter connected therewith, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. Citation: 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55