Decision

Normally, cases are decided in a court of appeal by a composition of three members.

Unlike the district courts, the courts of appeal do not have lay judges. In military proceedings, however, there are two military judges who participate in the decision in addition to the members of the court of appeal.

In certain cases an experienced referendary may serve as one of the three deciding members. In cases where important issues of principle are at hand, the court of appeal may make a decision by a reinforced composition of seven members, or by a plenary session of all members of the court of appeal.

A single member may make decisions relating to the preparation and also issue certain decisions specifically prescribed by law, including decisions in matters relating to granting of legal aid and appointment of a legal aid attorney as well as certain urgent and provisional decisions.

In simple cases in a main hearing, the decision may be promulgated immediately at the end of the hearing. In other cases, it is handed down from the registry of the court of appeal. Normally, the decision is to be handed down within 30 days of the end of the main hearing.

Updated on 29 December 2010