Various applications may be made by either the accused or the Public Prosecutor either pending or in the course of criminal proceedings heard by the Supreme Court. The applications commonly arising in this respect include:
• bail pending trial or appeal
• reduction of the amount of bail
• extension of time to file the Notice of Appeal or the Petition of Appeal
• quashing an order made by the Subordinate Courts
• transfer of a case from the Subordinate Courts to the High Court
• reservation of a question of law to the Court of Appeal by way of a Criminal Reference
• request for production of papers and documents.
Such applications are made by way of Criminal Motions. In general, a Criminal Motion may be filed at any time. If, however, the Criminal Motion is for a reservation of a question of law for the Court of Appeal's determination, it must be filed within 1 month of the date of the High Court decision which gave rise to the question of law (s 60(2) of the Supreme Court of Judicature Act).
No stamp fees are payable on documents filed for a Criminal Motion.
Criminal Motions are generally heard on Fridays by a High Court judge. The public may attend Criminal Motions which are heard in open court.
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