Appeal

Educational overview. This is general information about Singapore criminal procedure, not legal advice, and it does not create a solicitor–client relationship. Procedures and time limits change and depend on the facts — speak with a qualified criminal lawyer about your own case.

An appeal is a way of asking a higher court to review a decision — a conviction, a sentence, or both. Appeals are time-limited and are not a second trial, so understanding what an appeal can and cannot do is important before starting one.

Challenging a decision

A person who is convicted or sentenced may generally appeal against the conviction, the sentence, or both; the prosecution may also appeal in some circumstances. An appeal from the State Courts is heard by the High Court, and the appellate court reviews the case on the record rather than hearing the witnesses again.

Timelines

Appeals are strictly time-limited. A notice of appeal must generally be filed within a short window (commonly 14 days) of the decision, followed by a petition of appeal once the grounds of decision and record are available. Because these deadlines are short and firm, the decision whether to appeal should be made quickly, and the exact time limits should be confirmed for your case.

What an appeal is — and is not

An appeal is a review for error, not a retrial. The appellate court is generally reluctant to disturb findings of fact that depended on seeing the witnesses, and it intervenes on sentence only where the sentence is wrong in principle or manifestly excessive or inadequate. Importantly, an appeal can carry risk: an appellate court may, in some circumstances, increase a sentence, so the merits should be assessed carefully before filing.

Bail pending appeal

Remaining free while an appeal is heard is exceptional. Because the appellant is now convicted, the court grants bail or a stay of the sentence pending appeal only where there are special or exceptional reasons; a short sentence alone is usually not enough, and the court may prefer to hear the appeal quickly instead. Our bail case studies include an example of how this is approached.

Frequently asked questions

How long do I have to appeal? Appeals are strictly time-limited — a notice of appeal must generally be filed within a short window (commonly 14 days), so the decision should be made quickly.

Can an appeal make things worse? It can — an appellate court may in some circumstances increase a sentence, so the merits should be assessed carefully before filing.