CAP. 221]
[s. 84 cont.]
Presence of accused.
7 Edw. 7, c. 23, s. 11.
Absence of accused. 7 Edw. 7.
c. 23, s. 11.
General power.
Restitution of property in case of conviction. (Cap. 166.)
Criminal Procedure.
♦ time during which any such person or appellant is in custody pending the determination of his case, shall not count as part of any term of imprisonment under his sentence, which shall be deemed to be resumed or to begin to run, as the case requires, if the person or appellant is in custody, as from the day on which the case is determined by the Full Court, and, if he is not in custody, as from the day on which he is received into prison under the sentence.
(3) An appellant, notwithstanding that he is in custody, shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone, but in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present, except where rules and orders made under section 9 provide that he shall have the right to be present or where the Full Court gives him leave to be present. Such leave may be given also in any case under section 81; but without it the accused shall not be entitled to be present.
(4) The power of the Full Court to pass any sentence under this Ordinance may be exercised notwithstanding that the accused is for any reason not present.
(5) The Full Court in every appeal or case reserved under this Ordinance shall, subject to the express provisions of this Ordinance, have all the powers of the court of trial, with regard to sentence, commencement of sentence, costs, compensation, release on recognizances or any other matter.
Restitution of property.
85. (1) Subject to the provisions of the Pawnbrokers Ordinance, where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto.
(2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in his possession.
170