Criminal Revision: Not a Second Appeal, and the Complainant Still Has a Voice

An accused person sometimes asks the High Court to "revise" a magistrate's decision before the trial has ended. For the complainant, often the person who reported the crime, this can feel like the case is being derailed. Understanding what revision is, and is not, helps victims protect their interests.

What revision is. Article 165(6) and (7) of the Constitution gives the High Court supervisory jurisdiction over subordinate courts. Sections 362 to 364 of the Criminal Procedure Code allow the High Court to call for a lower court's record. It checks whether any finding, sentence or order is correct, legal and proper, and whether the proceedings were regular.

What revision is not. Revision is not an appeal by another name. It is meant to correct clear errors of law, illegality or impropriety. It is not a vehicle to re-argue evidence, delay a trial, or obtain a ruling that should await the end of the case. Courts have repeatedly declined revision applications that are, in substance, appeals against interlocutory rulings.

The complainant's place. The prosecution is conducted by the State, but complainants are not spectators. Article 50(9) of the Constitution and the Victim Protection Act, 2014 recognise victims' rights to be informed and to have their views and concerns heard where their personal interests are affected. Through an advocate, a complainant may seek to be heard and place relevant material before the court.

How we approach opposing a revision.

• Show that the order complained of is lawful and within the trial court's discretion.

• Point out where the application is really an appeal in disguise, or an attempt to stall the trial.

• Highlight any related civil or succession proceedings the applicant may be using the criminal process to influence.

• Ask the court to return the file promptly so the trial continues.

Takeaways. If you are a complainant and the accused files a revision, do not assume the matter is out of your hands. Engage an advocate to watch brief and, where appropriate, be heard. Timely participation can prevent unnecessary delay and keep the trial on course.