CANON 41: OF APPEALS

Who may appeal?

1. Leave to appeal may be granted to persons against whom judgement shall have been given under any subsection of section 1 of the same Canon from any judgement or sentence of the Diocesan Tribunal: provided that an application for such leave to appeal, setting forth fully the reasons therefor, shall have been made in writing by the appellant to the Bishop of the Diocese within fifteen days after such sentence shall have been pronounced.

Proviso

The Bishop shall forthwith forward a copy of the reasons for appeal to the respondents and to the Metropolitan, and provide the Metropolitan also with a copy of the record of the case. The respondents shall have the right to make written answer to the application to the Metropolitan within fifteen days. On receiving the application the Metropolitan shall, within forty-two days, decide whether the application shall be granted or not.

No Appeal on facts

2. There shall be no appeal to the Provincial Tribunal as regards the facts of any case, but only as to the conclusions to be drawn from those facts which the Diocesan Tribunal shall determine to be proved. However, it shall be competent to the Provincial Tribunal, on receiving the case on appeal, to direct that the case, as regards the facts that are charged, shall be reviewed by the Diocesan Tribunal.

Inhibition during Appeal

3. When intention of appeal shall have been notified by any person against whom judgement has been given, it shall be competent to the Bishop of the Diocese to inhibit him from the exercise of his ministry until the Provincial Tribunal shall have determined the appeal.

Powers of Tribunal of Appeal

4. The Provincial Tribunal of Appeal may affirm or reverse the judgement of the Diocesan Tribunal and may modify or amend the sentence appealed against, or pass any other sentence in the case, as it thinks just.

Reference to Canterbury

5. It shall be lawful for any party to a suit relating to matters of Faith and Doctrine (as laid down in section l(d) and defined in section 5 of Canon 37 Of Judicial Proceedings) within one month of the pronouncement of sentence by the Provincial Tribunal (whether sitting for the trial of a Bishop or as the Tribunal of Appeal) to require in writing that the President of the said Tribunal shall refer the whole case to the Archbishop of Canterbury; and he shall accompany this requisition with a written statement of the grounds upon which the appeal is made. Having received such requisition and statement, the President shall refer the whole matter to the Archbishop of Canterbury, unless in his opinion the requisition and statement do not relate to any matters of Faith and Doctrine, or are merely frivolous.

Central Consultative Body

6. Upon receipt of the reference, it shall be competent for the Archbishop of Canterbury either to submit the same to the Central Consultative Body of the Lambeth Conference (if in his opinion that Body would be able to consider the reference within six months after it had been received), or (if otherwise) to consider the reference himself with the assistance of such Bishops of the Anglican Communion (not being Bishops of this Province nor less than four in number) as he may select. And in either event he shall report the opinion formed upon such submission or consideration to the President of the Provincial Tribunal.

Return of Reference

7. The Provincial Tribunal shall consider the opinion so reported, and shall then proceed to affirm, reverse or vary the sentence already pronounced by it; but if no such opinion shall have been reported within twelve months from the receipt of the reference by the Archbishop of Canterbury, or if he shall have refused to submit or consider the same as before mentioned, then the said sentence shall take effect.

Metropolitical Questions

8. If judgement shall have been pronounced against the Metropolitan on the extent of his Metropolitical authority, or on the exercise of his Metropolitical functions and powers, it shall be lawful for him to require that the judgement be referred to the Archbishop of Canterbury as laid down in section 5 of this Canon; but there shall be no reference of any sentence pronounced against him or any other Bishop of the Province on any question affecting morals or his conduct as a diocesan bishop.