221585-1935-Supplementary-Draft-Bill--Magistrates-Amendment-Buildings — Page 2

Ordinance No. 38 of 1932.

36 & 37 Vict. c. 66, 5, 46.

Procedure on appeal to a judge.

23 & 24

Geo. 5, c. 38,

8. 1.

First Schedule Forms

Nos. 91 and 92.

1170

(3) except in the case of whipping, which shall be stayed pending appeal, the appeal shall not operate as a stay of execution, but the magistrate or the judge may stay execution or sentence pending the appeal on such terms as to security for the payment of any money or the suffering of any punishment ordered by or in such conviction or sentence as to the magistrate or judge shall seem necessary: Provided that if the appellant is in prison, no such security shall be required, and on such stay as aforesaid the appellant shall be treated, pending the determination of his appeal, in such manner as may be directed by the rules made under the Prisons Ordinance, 1932, for the case of persons awaiting trial;

(4) the judge may reserve the appeal, or any point in the appeal, for the consideration of the Full Court, or may direct the appeal, or point in the appeal, to be argued before the Full Court; and the Full Court shall have power to hear and determine any such appeal or point so reserved or so directed to be argued.

118E. Where a person is authorised by section 118A or 118B to appeal to a judge against a conviction or sentence of a magistrate, the following provisions shall apply:-

(i) the appellant shall, within fourteen days after the day of his conviction by the magistrate, give to such magistrate's clerk notice in writing of his appeal, stating the general grounds of his appeal, and signed by him or his agent on his behalf, and thereupon the magistrate's clerk shall give a copy of such notice to the other party;

(ii) the appellant shall, after giving notice of appeal to the magistrate's clerk and within twenty-one days after the day of his conviction, enter into a recognizance

with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence, or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrate's clerk, or otherwise, as the magistrate may deem sufficient;

(i) for the purposes of this section, the date of a magistrate's decision upon any review under section 99, or of his refusal to grant an application for such review, as the case may be, shall be deemed to be the date of the conviction of the appellant;

on his

(iv) where the appellant is in custody, any magistrate may, if he thinks fit, release him from custody complying with the provisions of paragraph (ii) if he has not already done so, and on his either entering into a recognizance, with or without sureties, and in such reasonable sum as he thinks necessary to fix, conditioned to appear at the hearing of the appeal, or giving with the magistrate's consent other security for his appearance;

(v) recognizances for the purposes of paragraphs (ii) and (iv) may, if it be convenient, be combined in one recognizance;

(vi) the judge may from time to time adjourn the hearing. of any appeal;