62
CAP. 221]
Criminal Procedure
[1988 Ed.
(2) Where a person successfully appeals to the Court of Appeal against his conviction of an offence by virtue of which such an order was made, the Court of Appeal shall rescind the order unless he was convicted in the same proceedings of another offence of which he remains convicted and a criminal bankruptcy order could have been made without reference to loss or damage caused by the first-mentioned offence; and where, accordingly, the Court of Appeal does not rescind the order it shall amend it by striking out so much of it as relates to loss or damage caused by the offence in respect of which the conviction is quashed.
(3) Where on an appeal by a person against his conviction of an offence by virtue of which a criminal bankruptcy order was made the Court of Appeal substitutes a verdict of guilty of another offence, the Court of Appeal shall-
(a) rescind the order if a criminal bankruptcy order could not have been made against that person if he had originally been convicted of that other offence;
(b) in any other case, amend the order so far as may be required in consequence of the substitution of a verdict of guilty of the other offence.
(4) Where the Court of Appeal rescinds or amends a criminal bankruptcy order, the rescission or amendment shall not take effect-
(a) in any case until the expiration of 14 days from the date of the decision of the Court of Appeal;
(b) if within that period an application is made for special leave to appeal to the Privy Council against the Court of Appeal's decision on the appeal against conviction, so long as the appeal is pending; and (c) if on such an appeal the conviction is restored by the Privy Council.
(5) For the purposes of subsection (4) an appeal to the Privy Council shall be treated as pending until any application for special leave to appeal is disposed of and, if special leave to appeal is granted, until the appeal is disposed of; and if no application for special leave to appeal is made before the expiration of 14 days from the date of the decision of the Court of Appeal, the rescission or amendment shall take effect at the end of that time.
Calendar of sentences
Transmission and effect of calendar of sentences
(Added, 20 of 1979, s. 9) [cf. U.K. 1973 c. 62, s. 40]
85. (1) At the end of each month or as soon as conveniently may be thereafter, a copy of the calendar of sentences, under the hand of a judge and the seal of the court, shall be transmitted by the Registrar to the Chief Secretary. (Amended, 63 of 1971, s. 5)
(2) A similar copy shall also be transmitted by the Registrar to the Commissioner of Correctional Services, who shall record the same, and such calendar shall be a sufficient warrant for receiving and detaining all prisoners named therein, and for carrying into effect all sentences set forth therein, other than sentences of death. (Amended, 5 of 1924, s. 12; 25 of 1937, s. 3 and G.N. 678/38)