The District Court sits at the bottom of the hierarchy and the Supreme Court at the top, and litigants sometimes try to jump. The Constitution does not allow it. The Supreme Court’s review power is aimed at the National Court, and everything from the District Court reaches it through that Court.
Section 155(2)(b) is about the National Court
The Supreme Court (a) is the final court of appeal; and (b) has an inherent power to review all judicial acts of the National Court; and (c) has such other jurisdiction and powers as are conferred on it by this Constitution or any other law.
The words are deliberate. Section 155(3)(c) gives the National Court an inherent power to review any exercise of judicial authority, which includes District Court decisions, and section 155(4) gives both courts an inherent power to make orders necessary to do justice in the circumstances of a particular case. The scheme is that the National Court supervises the District Court and the Supreme Court supervises the National Court. Order 5 Rule 1 of the Supreme Court Rules reflects that: an application for review is of a “judicial act of the National Court”.
How a District Court matter reaches the Supreme Court
| Step | Procedure | Time limit |
|---|---|---|
| 1. Appeal to the National Court | Notice of appeal and recognizance under Part XI of the District Courts Act; the appeal is a rehearing on the depositions | One month from the decision |
| 1 (alternative). Judicial review in the National Court | Order 16 of the National Court Rules, for want of jurisdiction, error of law on the face of the record or denial of natural justice, where appeal is unavailable or inadequate | Promptly; four months for certiorari |
| 2. Appeal to the Supreme Court | Notice of appeal under Order 7 (from an appeal decision) or notice of motion under Order 10 (from a judicial review); leave under s 14 for questions of fact or interlocutory rulings | 40 days under s 17 of the Supreme Court Act |
| 2 (alternative). Review of the National Court under s 155(2)(b) | Only where the right of appeal to the Supreme Court has been lost or does not exist, and with leave | No fixed time; delay weighs against leave |
See the section 155(2)(b) review and appealing a judicial review decision.
Second appeals
On an appeal from the National Court sitting on appeal from the District Court, the question is whether the National Court Judge erred, not whether the magistrate did. The grounds must be framed accordingly. Section 14(1)(c) requires leave for a ground of fact alone, and the Supreme Court is reluctant to disturb concurrent findings of fact by two courts. Section 2 of the Act prevents the National Court Judge who heard the first appeal from sitting on the second.
Are there exceptions?
Two situations look like exceptions but are not. First, a constitutional question arising in a District Court case is referred under section 18(2) of the Constitution by the magistrate, who must refer any question of constitutional interpretation or application that arises, and the Supreme Court answers it; but that is an opinion on the question, not a review of the District Court’s decision, and the case then returns to the magistrate. See the section 18 reference. Second, an application to enforce a constitutional right under section 57 can be made to the Supreme Court, and Order 6 Rule 1 of the Rules requires it to be made first to a single Judge unless it is made in the National Court; a District Court order that breaches a right can be the subject of such an application, but the Court will usually send the applicant to the National Court, which has the same power and can hear evidence. Section 155(4) is not a free-standing appellate power and does not let the Court review a District Court decision the Constitution has entrusted to the National Court.
Criminal cases
A conviction in the District Court, including for an indictable offence tried summarily, is appealed to the National Court under the District Courts Act. The right of criminal appeal to the Supreme Court in section 22 of the Supreme Court Act belongs to a person “convicted by the National Court”, so an appeal against the National Court’s decision on a District Court appeal proceeds under section 14 as a civil appeal in form, with leave where required, even though the subject is a conviction. Committal decisions are administrative and are challenged by judicial review in the National Court, not by appeal.
See also the District Court series and when you can ask the Supreme Court to review a decision.
Sources
- Constitution — ss 18, 57, 155(2), (3), (4)
- Supreme Court Act (Chapter 37) — ss 2, 14, 17, 22
- Supreme Court Rules 2012 — O 5 r 1; O 6 r 1; O 7; O 10
- National Court Rules 1983 — O 16
- District Courts Act (Chapter 40) — Part XI
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.