Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
317. Appeals not to lie in certain cases
(1) An appeal shall not lie from a conviction –
(b) where an accused has under section 183 made an unqualified admission of his guilt and been convicted by a Magistrate’s Court.
(2) An appeal upon a matter of law shall lie in all cases.
320. Right of appeal
(1) Subject to the provisions of sections 317 … any person who shall be dissatisfied with any judgment or final order pronounced by any Magistrate’s Court in a criminal case or matter to which he is a party may prefer an appeal to the Court of Appeal against such judgment for any error in law, or in fact –
(a) by lodging within fourteen days from the time of such judgment or order being passed or made, with such Magistrate's Court a petition of appeal addressed to the Court of Appeal, or
(b) by stating within the time aforesaid to the Registrar of such court or to the jailer of the prison in which he is for the time being confined his desire to appeal and the grounds therefor, providing at the same time a stamp of the value of five rupees, and it shall thereupon be the duty of such Registrar or jailer as the case may be, to prepare a petition of appeal and lodge it with the court by which such judgment or order was pronounced.
Sri Lanka’s Geneva Conventions Act (2006) states:
(1) Where a protected prisoner of war or a protected internee has been sentenced to imprisonment for a period exceeding two years, the time within which notice of appeal must be given shall, notwithstanding anything in any other law, be deemed to commence on the day on which he receives notice given, —
(a) in the case of a prisoner of war of a Commonwealth country, by an officer of the armed forces of his country; and
(b) in the case of an internee, by or on behalf of the Superintendent of the Prison in which he is confined, to the effect that the protecting power has been notified of his conviction and sentence and for such further time as would have been the time allowed if the conviction or sentence had taken place or been pronounced on that day.
(2) Where after an appeal against the conviction or sentence by a Court of a protected prisoner of war or a protected internee has been determined, the sentence remains unchanged or has become a sentence of imprisonment for a term exceeding two years, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in subsection (1), as the case may require, that the protecting power has been notified of the decision of the Court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day.
(3) Upon the application of the provisions of subsection (1) in relation to a convicted person, then, unless the Court otherwise orders, the order of Court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the re-vesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his conviction or sentence is possible without the extension of time other than the extension provided by subsection (2).
(4) The provisions of subsections (1), (2) and (3) shall not apply in relation to an appeal against a conviction or sentence, or against the decision of a Court upon a previous appeal, if at the time of the conviction or sentence or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.