CRIMINAL PROCEDURE.
PART IV.
No. 9 of 1899.
903
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of question of law.
78.(1) The judge may reserve for the consideration of the Full Court any question of law which may arise on the trial of any indictment, and, in case the accused person is convicted, may postpone judgment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the court may direct and receive judgment.
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision: Provided that the Full Court may, notwithstanding that it is of opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no substantial miscarriage of justice has actually occurred.
Restitution of property.
79.(1) Subject as hereinafter provided, 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 to be delivered to the person who appears to the court to be entitled thereto.
(2) Where any person is convicted before the court of having stolen or dishonestly obtained any property and it appears to the court that the same has been pawned to a pawnbroker or other person, the court may order the delivery thereof to the person who appears to the court to be the owner, either on payment or without payment to the pawnbroker or other person of the amount of the loan or any part thereof, as to the court, according to the conduct of the owner and the pawnbroker or other person and the other circumstances of the case, may seem just. If the person in whose favour any such order is made pays the money to the
* As amended by No. 10 of 1921.
† As amended by Law Rev. Ord., 1924.
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CRIMINAL PROCEDURE.
PART IV.
No. 9 of 1899.
903
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of question of law.
question of
of the Full
78.(1) The judge may reserve for the consideration of Power to the Full Court any question of law which may arise on the reserve trial of any indictment, and, in case the accused person is law for convicted, may postpone judgment until such question has consideration been considered and decided, and in the meanwhile may Court. commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the court may direct and receive judgment.
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision: Provided that the Full Court may, notwithstanding that it is of opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no substantial miscarriage of justice has actually occurred.
Restitution of property.
*
79.--(1) Subject as hereinafter provided, where any Restitution person is convicted of an indictable offence, any property of propert found in his possession, or in the possession of any other conviction. person for him, may be ordered by the court to be delivered to the person who appears to the court to be entitled thereto.
(2) Where any person is convicted before the court of having stolen or dishonestly obtained any property and it appears to the court that the same has been pawned to a pawnbroker or other person, the court may order the delivery thereof to the person who appears to the court to be the owner, either on payment or without payment to the pawn- broker OT other person of the amount of the loan or any part thereof, as to the court, according to the conduct of the owner and the pawnbroker or other person and the other circumstances of the case, may seem just. If the person in whose favour any such order is made pays the money to the
* As amended by No. 10 of 1921.
† As amended by Law Rev. Ord., 1924.
t
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