History of the Section

Section 25(4) is modelled on article 14(5) of the ICCPR. Similar rights exist in comparative law.

Refer to table below for further information.


Comparative rights table


25(4) Right to appeal against conviction and sentence

Section 25 (4): Any person convicted of a criminal offence has the right to have the conviction and any sentence imposed in respect of it reviewed by a higher court in accordance with law.


Article 14 (5):

Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

ACT: Human Rights Act 2004
Section 22 (4).
S Africa: Constitution of the republic of South Africa 1996 Chapter 2

Section 35 (3) (o).

UK: Human Rights Act 1998
No equivalent section
Canada: Canadian Charter of Rights and freedoms

No equivalent section

New Zealand: New Zealand Bill of Rights Act 1990

Section 25 (h)