Malaysia legislation
Section 307
Section 307
Procedure for appeal
(2)
Every notice of appeal shall contain a postal address or an electronic address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate.
(3)
When a notice of appeal has been lodged, the Court appealed from shall make a signed copy of the grounds of decision in the case and cause the said copy to be served upon the appellant or his advocate—
(a)
by leaving it at the postal address of the appellant or his advocate;
(b)
by posting it by registered post addressed at the postal address of the appellant or his advocate; or
(c)
by sending it to the electronic address of the appellant or his advocate, mentioned in the notice of appeal.
174
(3A)
The signed copy of the grounds of decision which is sent by electronic means referred to in paragraph (3)(c) shall be deemed to have been served and delivered upon sending the said copy to the appellant’s or his advocate’s electronic address.
(4)
Within fourteen days after the copy of the grounds of decision has been served as provided in subsection (3), the appellant shall lodge with the clerk of the Magistrate’s Court at which the trial was held a petition of appeal in triplicate addressed to the High Court.
(5)
If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Magistrate at his trial he shall lodge his petition of appeal as provided in subsection (4)—
(a)
within the period provided by such subsection; or
(b)
within a period of fourteen days from the date when a notice is served at his postal address or electronic address specified in subsection (2) that a copy of the notes of evidence can be had free of charge, whichever period shall be the longer.
(6)
Every petition of appeal shall state shortly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed from is alleged to have erred.
(7)
If the appellant is in prison he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by this section and pays the prescribed appeal fee.
(b)
Such officer shall immediately forward the notice and petition or the purport thereof together with the appeal fee to the clerk of the
Magistrate’s Court at which the trial was held.
(8)
In the case of an appeal by the Public Prosecutor no fee shall be payable.
Criminal Procedure Code 175
(9)
If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if any stay of execution has been granted, but nothing herein contained shall be deemed to limit or restrict the powers conferred upon a Judge by section 310.
Transmission of appeal record