Section 32: Can the Court Reject Your Appeal Without a Hearing?
32.Summary dismissal of appeal
(1)On receiving a notice or grounds of appeal under section 28, the appellate court, or a judge of that court, shall peruse it and after perusing the record of the trial court—
(a)in the case of an appeal against sentence only, where it considers that the sentence is not excessive; or
(b)in any other case, where it considers that no question of law is raised proper for consideration by it, or that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or led the court to consider that the sentence ought to be reduced,
it may dismiss the appeal summarily without hearing the appellant.
(2)Notwithstanding subsection (1)—
(a)nothing in this section shall be read as preventing the appellate court, or a judge of that court, from dismissing an appeal summarily where subsection (1)(b) applies with regard to conviction, and directing that it be heard as regards sentence only; and
(b)no appeal shall be summarily dismissed where the notice or grounds of appeal has been signed by an advocate, unless the advocate has had an opportunity of being heard in support of the notice or grounds of appeal.
(3)Except where a judgment or order has been copied for the purpose of section 28(3), no part of the proceedings of the court in respect of which an appeal has been preferred shall be copied unless the appellate court makes a direction to that effect after perusing the record in accordance with subsection (1).
(4)This section does not apply to appeals to the Court of Appeal or the Supreme Court.
Plain English Summary
If you appeal a criminal conviction or sentence, the appellate court can reject your appeal without a full hearing if it finds no legal issue or reaso...
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