Dubai criminal appeal: Can a victim present new arguments at the hearing?

Were you a civil plaintiff, or did you submit a request to the prosecution, which then filed the appeal?

It's possible that the judge or the defendant's lawyer might question you.

We need to review the case file. For further inquiries, please contact us via phone or WhatsApp.

Ali Ibrahim Advocates and Legal Consultations

Hello,

As per your query, please note that in the appeal, there can not be new documents.

However, you can have a meeting with the prosecution office and submit the memorandum accordingly, or you can submit the memorandum by yourself too, as you said you filed the appeal. The facts can be shown with the law if there is some error in the first court judgment.

Please contact us by email or WhatsApp, or call.

We fully understand your concerns regarding the appeal proceedings, especially as you are dealing with a sensitive criminal case involving an armed robbery. Below is an outline of what you can expect in the appeal session and answers to your main questions:

1. Will you be questioned during the appeal session?

In general, the Court of Appeal does not question the victim as happens during the investigation or at the trial stage. At this stage, the court’s role focuses on:

• Reviewing the appeal memorandum you submitted.
• Examining the case file in its entirety.
• Listening to your comments or clarifications, if the court allows.

The judges may ask one or two questions to clarify certain points, but detailed cross-examination is very rare at the appeal stage.

2. Can you present new arguments or contradictions not included in your written memorandum?

Yes, generally, you can present new points during the session, provided they are directly related to the case file and may influence the judgment.

The Court of Appeal has broad authority to:

• Hear new defences.
• Discuss facts that were not adequately presented at the first instance.
• Reassess the evidence.

However, when presenting new points, it is preferable that they:

• Are well-organized and clear.
• Do not conflict with what was stated in your original memorandum.
• Are presented verbally in court when the judge allows.

Ideally, if time permits, submit a short additional written memorandum outlining the new contradictions.

3. What to expect during the session

The session generally proceeds as follows:

• Your case is called.
• The judge confirms your presence.
• The appeal memorandum is reviewed.
• The judge asks if you have any additional points.
• You may then present the new points and contradictions you have identified.
• The session may be adjourned to allow the opposing party to respond or for re-evaluation of the evidence.

Sessions are usually brief, but your verbal points are very important, as the judge will rely on them as supplementary observations to your appeal.

4. Important Advice

Even if you are not represented by a lawyer, try to:

• Write the new points on a sheet in a very concise manner (3–4 points maximum).
• Present them to the judge confidently and clearly, without lengthy details.
• Focus on the key contradictions that could affect the court’s assessment.

Legal Assistance

We would be pleased to prepare a short supplementary memorandum for you or provide guidance on how to present your arguments effectively in court.

For further communication, please contact us.