A criminal motion is an application to the General Division of the High Court or Court of Appeal by the accused or prosecution in a criminal case.
Criminal motions can cover a variety of applications. Common ones include:
As the accused, you can file a criminal motion at any time during, before or after your criminal proceedings, depending on the nature of the application.
You can file to either the General Division of the High Court or Court of Appeal, depending on your case. There are no filing fees.
You need to submit these 2 documents via eLitigation:
You will need to file a Notice of Motion (Forms 72 to 75 of the Criminal Procedure Rules).
Which form you need depends on what you are applying for:
In general, the form should include:
This is a signed statement made under oath that explains the reasons for your application. Find out how to prepare an affidavit.
After you file a criminal motion, the court will inform you of your hearing date via post or email. You must ensure that the notice of motion and any supporting affidavit or written submissions are served on the other party at least 7 days before the date of the hearing.
You have to attend court and explain your case. The judge will decide whether to grant (approve) or dismiss (reject) your application.
Legislation associated with this topic includes Sections 405 to 409 of the Criminal Procedure Code.