Leave to appeal

Our man in Havana

I was reading a case where a person was convicted of murder and leave to appeal was refused.
Why would leave to appeal be refused? What if the trial judge erred on a point of law?
Surely you have a right to appeal to a higher court? Just wondering.

Lplated

In the event, as in the case you mentioned, that the judge at trial refuses leave to appeal, you go to the higher court and request the leave.
When you ask for leave, you must state at least one of the grounds that you will be relying on, in other words, you must convince either the trial judge or the court on appeal that you actually have grounds for an appeal.

padser

Bond-007 wrote:

I was reading a case where a person was convicted of murder and leave to appeal was refused.
Why would leave to appeal be refused? What if the trial judge erred on a point of law?
Surely you have a right to appeal to a higher court? Just wondering.

AFAIK you can appeal the decision of refusing leave to appeal. (and yes I do realise the irony). Im not sure what the specific grounds are etc though.

Thirdfox

Constitutional right? All High Court decisions can be appealed to the Supreme Court (think the State tried to use the article to argue a finding of not guilty can be appealed).

Oh wait, found the article

"Art. 34.4:
3° The Supreme Court shall, with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law."

Seems like there can be a law preventing appeals...

Our man in Havana

I thought that the state could not appeal a not guilty verdict?

Thirdfox

A later case decided that yes - the Article literally interpreted meant the state could appeal but that via harmonious/purposive interpretation (with regards to fair procedures articles etc.) the State cannot appeal not guilty verdicts.

Anyone have the name of both cases?

dermot_sheehan

Thirdfox wrote:

A later case decided that yes - the Article literally interpreted meant the state could appeal but that via harmonious/purposive interpretation (with regards to fair procedures articles etc.) the State cannot appeal not guilty verdicts.

Anyone have the name of both cases?

Leave to appeal is granted if the trial judge believes the appeal has merit and wants the appeal court to review the decision. For example if he made a legal decision that he thinks was a close call and wants the appeal court to review it to make sure it was right. Granting leave is the trial courts way of forcing review.

If he doesn't believe it has merit, he can refuse leave, the applicant can then apply to the appeal court for leave. The applicant makes submissions, and the trial court themselves decide whether to go to a full hearing. This allows them to prevent themselves from being bogged down with unmeritorious appeals.


The constitution as a general rule states that all decisions of the High Court may be appealed to the Supreme Court. The Oireachtas may abolish this jurisdiction but not with regards to questioning the constitutionality of a statute where there is a constitutional right of appeal to the Supreme Court. I forget the name of the case Third Fox is referring to too, but it was held that the general appeal rule overrid the common law rule that the prosecution can not appeal a jury acquittal. The oireachtas reinstituted the rule however by statute a couple of years ago.