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CAP. 221]
Criminal Procedure
[1988 Ed.
Further provisions relating to appeals and questions of law reserved
Prohibition of staying or reversal of judgment or allowing
appeal on specified grounds
830. Except where, in the opinion of the Court of Appeal, a miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 81 and no appeal shall be allowed under section 83, 83K or 83N-
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court of trial; or
(b) because of any error committed in summoning or swearing a juror; or
(c) because of any objection which might have been stated as a ground of challenge of a juror; or
(d) because of any informality in the swearing of a witness.
(Added, 34 of 1972, s. 18)
Review by Court of Appeal of cases tried on indictment
Reference by Governor
83P. (1) Where a person has been convicted on indictment or been tried on indictment and found not guilty by reason of insanity, or been found by a jury to be under disability, the Governor may, if he thinks fit, at any time either-
(a) refer the whole case to the Court of Appeal and the case shall then be treated for all purposes as an appeal to the Court of Appeal by that person; or
(b) if he desires the assistance of the Court of Appeal on any point arising in the case, refer that point to the Court of Appeal for its opinion thereon, and the Court of Appeal shall consider the point so referred and furnish the Governor with its opinion thereon accordingly.
(2) A reference by the Governor under this section may be made by him either on an application by the person referred to in subsection (1), or without any such application.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 17]
Initiating procedure
Procedure from notice of appeal to hearing
83Q. (1) A person who wishes to appeal under this Part to the Court of Appeal, or to obtain the leave of that Court to appeal, shall give notice of appeal or, as the case may be, notice of application for leave to appeal, in such manner as may be provided by rules and orders made under section 9.
(2) Notice of appeal, or of application for leave to appeal, shall be given within 28 days from the date of the conviction, verdict or finding appealed against.
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