-10-
100
22. Section 21 inserts in the principal Ordinance a new
section 106A which provides that on any appeal on a question of
fact the lepositions taken before the magistrate, or a certified
copy thereof, shall be admissible as evidence of the evidence
which was given and of the statements which were made before the
magistrate, and generally that the proceedings therein recorded
took place. The depositions are also to be admissible on the
hearing of any motion under the new section 113A which is dealt
with in paragraph 24 below, and on any application to the Full
Court to send a Case stated back to the magistrate for amendment.
23. Section 22 repeals section 112 of the principal Ordinance
and substitutes a new section. The principal changes are as
follows:
(a) Sub-section (2) of the new section provides that
every person who has applied for doase stated or for
a certificate of leave to appeal, and every person
who has applied for a review under section 96 of
the principal Ordinance, shall, if he is in custody,
be treated pending the appeal or review as if he were
a person awaiting trial.
(b) Sub-section (3) provides that the time during which
an appellant is admitted to bail, or is treated in
prison as an appellant, pending the appeal, shall
not count as part of his sentence. This sub-section
is taken from section 14 (3) of the Criminal Appeal
Act, 1907, 7 Edw. 7, c.23.
(c) Sub-section (4) gives to a magistrate in the case
of a review similar powers to those given to the
judges and to the Full Court in the case of an appeal
and applies sub-section (3) to the case of a review.
24.