Leave for continued consideration

Need for leave for continued consideration

For a court of appeal to consider an appeal against a district court decision, leave for continued consideration is often required. Leave for continued consideration is needed in criminal, civil and petitionary matters alike.

However, leave for continued consideration is not required of:

  • the defendant in a criminal case, if he or she has been sentenced to imprisonment for more than eight (8) months and the appeal concerns the offence for which he or she has been convicted or the sentence. When the severity of the punishment is assessed, a fine or other criminal sanction imposed in addition to imprisonment (for example driving ban or forfeiture) is not taken into consideration.
  • the prosecutor or the injured party in a criminal case, if the defendant has been sentenced to imprisonment for more than eight months and the appeal concerns the offence for which the defendant has been convicted or the sentence.

Grounds for granting leave for continued consideration

Leave for continued consideration must be granted if:

  • there is reason to doubt the correctness of the decision of the district court,
  • the correctness of the decision of the district court cannot be assessed without granting leave for continued consideration,
  • it is important with regard to the application of law in other similar cases to grant leave for continued consideration, or
  • there is some other justified reason to grant leave.

If it is claimed in the appeal that there is reason to doubt the correctness of the decision of the district court, leave for continued consideration need not, however, be granted solely for the purposes of reassessing the evidence, unless there is justified reason to doubt the correctness of the decision of the district court based on the circumstances presented in the appeal.

If leave for continued consideration is required in the case, the appeal document must state the applicable grounds for granting leave and the reasons for why the appellant considers that such grounds exist in his or her case, unless these otherwise appear in the appeal document.

Decision to grant leave for continued consideration

A court of appeal makes the decision on whether leave for continued consideration is to be granted based on the district court decision, the appeal, the response to be requested from the opposing party where necessary, and, if need be, other trial documents. The decision is made in a written procedure.

If leave for continued consideration is granted, the appellant and the respondent on appeal are informed of this.

If leave for continued consideration is not granted, the decision of the district court remains final.

Appeal against a decision on leave for continued consideration

A decision to grant leave for continued consideration is not subject to appeal.

If leave for continued consideration is not granted, the decision can be appealed against to the Supreme Court, provided that the Court first grants leave to appeal.

Written appeal instructions are appended to the decision.

 
Published 1.8.2019