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Chapter Summary

A defendant's right of appeal in the case of criminal offences was limited and only a handful of criminal cases involved appeals and there is only one report of an appeal in relation to a shipping offence. Appeals lay to the Privy Council from any judgment, order or sentence of the Supreme Court in the exercise of its original or appellate jurisdiction on a point of law provided the Supreme Court declared the case to be a fit one for such an appeal or where the Privy Council, on application, granted a convicted defendant leave to appeal. Appeals were allowed and dismissed almost evenly but it is noticeable that over half of the appeals from HMCJ were dismissed which, simplistically, would suggest that its establishment and staffing by one or, often, two experienced legally qualified judges improved the judicial calibre in Japan.

Keywords: Appeals; criminal cases; Japan; Privy Council; shipping offence; Supreme Court



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