CAP. 221]
Attendance
of witness before
Full Court.
Application to court to hear witnesses.
Order appointing examiner.
Registrar
to furnish
Criminal Procedure.
Procedure as to witnesses before Full Court, and their examination before examiner.
36. (1) Where the Full Court has ordered any witness to attend and be examined before it under paragraph (b) of subsection (8) of section 82 of the Ordinance, an order in Form XXV in the Schedule shall be served upon such witness specifying the time and place at which to attend for such purpose.
(2) Such order may be made on the application at any time of the Crown or of the appellant, but if the appellant is in custody and not legally represented the application shall be made by him in Form XXVI in the Schedule.
(3) Where the Full Court orders the examination of any witness to be conducted otherwise than before the court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.
(4) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the examiner together with any depositions taken by him under this rule to the Registrar.
(5) When the examiner has appointed the day and time for the examination he shall request the Registrar to notify the Attorney General and the appellant or his legal representatives, if any, and when the appellant is in prison, the Commissioner of Prisons, thereof. The Registrar shall cause to be served on every witness to be so examined a notice in Form XXVII in the Schedule.
(6) Every witness examined before an examiner under this rule shall give his evidence upon oath to be administered by such examiner, except where any such witness if giving evidence as a witness on a trial on indictment need not be sworn.
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