A54
Amendment of section 81B.
Ord. No. 20/79
CRIMINAL PROCEDURE (AMENDMENT) (NO. 2)
(c) in the case of a sentence passed by a judge of the Supreme Court, the record of the whole of the proceedings before him other than the evidence given in any trial that took place in those proceed- ings;
(d) in any case, any report concerning the respondent which was before the court which passed the sentence.
(2B) The documents, or copies of the documents, specified in subsection (2A) shall be delivered to the Attorney General within 7 days of a request therefor being made in writing to the magistrate or District Judge who passed the sentence or, if the sentence was passed by a judge of the Supreme Court, to the Registrar.";
(d) in subsection (6)—
5.
(i) by deleting the semicolon and substituting a full stop; and
(ii) by deleting the definition of "sentence".
Section 81B of the principal Ordinance is amended by inserting after subsection (2) the following subsection--
"(2A) The Court of Appeal may hear and determine an applica- tion for the review of a sentence notwithstanding that the respondent is not present, if the respondent has been served with an application or notice of it.”.
Amendment of
6.
section 81C,
Addition of new
section 81D.
Section 81C of the principal Ordinance is amended-
(a) in subsection (1) by deleting paragraph (a) and substituting the
following-
"(a) appealed against the conviction in respect of which the sentence was passed, unless the appeal has been with- drawn or disposed of;";
(b) in subsection (2) by inserting after “Ordinance" the following-
77.
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but the Court of Appeal may hear together an applica-
tion for the review of a sentence and an appeal by the respondent under this Part against the sentence".
The principal Ordinance is amended by inserting after section 81C
sub-beading and the following sub-heading and section-
Reference to Court of Appeal of question of law following acquittal.
1972 c. 71,
3. 36.
“Reference of question of law
81D. (1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Appeal on a question of law which has arisen in the case, refer that question to the Court of Appeal which shall, in accordance with this section, con- sider the point and give its opinion on it.
(2) For the purpose of its consideration of a question referred to them under this section the Court of Appeal shall hear argument-
(a) by, or by counsel on behalf of, the Attorney
General;
RIMINAL PROCEDURE (AMENDMENT) (NO. 2) Ord. No. 20/79
8.
(b) if the acquitted person desires to present any argu- ment, by counsel on his behalf or, with the leave of the Court of Appeal, by the acquitted person himself; and
(c) if the Court of Appeal so directs, by counsel
appointed as amicus curiae by the Registrar.
(3) Where, on a question being referred to the Court of Appeal under this section, the acquitted person appears by counsel for the purpose of presenting any argument to the Court of Appeal, he shall be entitled to his costs, that is to say to the payment out of the general revenue of such sums as are reasonably sufficient to compensate him for any expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practic- able by the Registrar.
(4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.".
Section 83Y(2) of the principal Ordinance is amended-
(a) by deleting the full stop at the end of paragraph (i) and sub-
stituting a semicolon; and
(b) by inserting after paragraph (i) the following paragraph-
"(j) to order a respondent to be detained in custody under
section 81A(3).”.
A55
Amendment of section 83Y.
9. The principal Ordinance is amended by inserting after section 84 Addition of new the following sub-heading and sections-
Criminal bankruptcy
orders against convicted
persons. 1973 c. 62,
J. 39.
"Criminal bankruptcy orders
84A. (1) Where a person is convicted of an offence before the court and it appears to the court that-
(a) as a result of the offence, or of that offence taken together with any other relevant offences, loss or damage (not attributable to personal injury) has been suffered by one or more persons whose identity is known to the court; and
(b) the amount, or aggregate amount, of the loss or
damage exceeds $150,000,
the court may, in addition to dealing with the offender in any other way (but not if it makes a compensation order against him under section 73), make an order, to be called a criminal bankruptcy order, against him in respect of the offence or, as the case may be, that offence and any other relevant offences.
(2) In subsection (1) "relevant offences" means offences-- (a) of which the person in question is convicted in the
same proceedings;
(b) which the court takes into consideration in deter-
mining its sentence; or
(c) which, whether or not they are specifically charged or admitted, a judge of the court is satisfied are proved by the evidence adduced by the prosecution in the same proceedings.
sub-beading and sections 84A and 84B.