Judgment Reviews Law at Singapore
In Singapore, the law governing the review of judicial judgments is a cornerstone of its legal system, which is based on English common law. The process for challenging a court's decision is highly structured, with different avenues available depending on the nature of the case and the court that issued the original judgment.
The Court System and Appellate Structure
Singapore has a three-tiered court system for appeals, which is crucial to understanding the judgment review process:
State Courts: This tier includes the Magistrates' Courts and District Courts, which handle the majority of civil and criminal cases.
Supreme Court: The Supreme Court is comprised of the High Court and the Court of Appeal.
High Court: The High Court has both original jurisdiction (for more serious cases) and appellate jurisdiction (for appeals from the State Courts and specialized tribunals). The High Court is further divided into the General Division and the Appellate Division.
Court of Appeal: The Court of Appeal is the highest court in Singapore. It hears and determines all appeals from the High Court, as well as questions of law referred to it from lower courts.
Appeal Process for Civil Cases
If a party is dissatisfied with a judgment in a civil case, they can generally appeal to the next highest court.
From State Courts: An appeal from a Magistrate's Court or District Court judgment is made to the High Court. The High Court will re-examine the case on both the facts and the law.
From High Court: Appeals from a judgment of the High Court are heard by either the Appellate Division of the High Court or the Court of Appeal. The division that hears the appeal is determined by the nature of the case and the value of the claim. The Court of Appeal handles a specific list of civil appeals, with the Appellate Division hearing the rest.
Appeal Process for Criminal Cases
The process for criminal appeals is similar but with some key differences.
From State Courts: A person convicted in the State Courts can appeal their conviction, sentence, or both, to the High Court.
From High Court: Appeals from a judgment of the High Court are generally heard by the Court of Appeal. The Court of Appeal can hear and determine appeals against a conviction, acquittal, or sentence. However, cases that started in the State Courts and were appealed to the High Court cannot be further appealed to the Court of Appeal, except on a point of law of public interest.
Criminal Revision: In cases where a direct appeal is not possible, a party can apply for a criminal revision. This is a request for the High Court to exercise its revisional jurisdiction to examine the proceedings of a lower court to ensure that they were conducted correctly and that justice was done. A criminal revision focuses on rectifying significant procedural or legal errors rather than re-evaluating the facts of the case.
Judicial Review
Judicial review is a distinct legal process from an appeal. It is a remedy for challenging the decisions of public bodies or officials. In Singapore, the High Court exercises its supervisory jurisdiction to review decisions on grounds of:
Illegality: The public body acted without legal authority.
Irrationality: The decision was so unreasonable that no rational person could have made it.
Procedural Impropriety: The correct procedures were not followed, such as the rules of natural justice.
A key difference is that an appeal reviews the correctness of a decision, while judicial review examines the legality of the decision-making process itself. The court does not substitute its own decision for that of the public body.
Finality of Judgments
Decisions of the Court of Appeal are final. Under the legal principle of stare decisis (judicial precedent), these decisions are binding on all lower courts. However, the Court of Appeal itself is not strictly bound by its own previous decisions and may depart from them in appropriate circumstances.
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