To improve compliance with s. 25(4), ensure that:

  • policy, programs and legislation establish a statutory framework for appeals against conviction and sentence in all criminal matters;
  • legislation clearly sets out what avenues of appeal exist following a conviction;
  • procedures for lodging an appeal are established including a reasonable timeframe for lodging an appeal;
  • legislation provides that the appellant can make oral submissions unless there are good reasons for restricting the form of appeal to one that is done simply ‘on the papers’ (without an oral hearing).