CRIMINAL PROCEDURE.
No. 9 of 1899.
579
(b) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Full Court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules and orders made under section 10 of this Ordinance before any judge of the court or before any officer of the court or any magistrate, justice of the peace or other person appointed by the Full Court for the purpose, and allow the admission of any depositions so taken as evidence before the Full Court; and
(c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness; and
(d) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation which cannot in the opinion of the Full Court conveniently be conducted before it, order the reference of the question in manner provided by such rules and orders as aforesaid for inquiry and report to a special commissioner appointed by the Full Court, and act upon the report of any such commissioner so far as it thinks fit to adopt it; and
(e) appoint any person with special expert knowledge to act as assessor in any case where it appears to the Full Court that such special knowledge is required for the proper determination of the case;
and exercise in relation to the proceedings of the Full Court any other powers which may for the time being be exercised by the Full Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Full Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.
(9) The Full Court may, if it seems fit, on the application 7 Edw. 7, c. of an appellant, admit the appellant to bail pending the determination of the appeal.
Further provisions relating to appeals and cases reserved.
78B. Except where, in the opinion of the Full Court, a substantial miscarriage of justice has actually occurred, no judgment of staying
Page 25
Page 26
CRIMINAL PROCEDURE.
No. 9 of 1899.
579
(b) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Full Court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules and orders made under section 10 of this Ordinance before any judge of the court or before any officer of the court or any magistrate, justice of the peace or other person appointed by the Full Court for the purpose, and allow the admission of any depositions so taken as evidence before the Full Court; and
(c) receive the evidence, if tendered, of any witness (includ- ing the appellant) who is a competent but not compellable witness; and
(d) where any question arising on the appeal involves pro- longed examination of documents or accounts, or any scientific or local investigation which cannot in the opinion of the Full Court conveniently be conducted before it, order the refer- ence of the question in manner provided by such rules and orders as aforesaid for inquiry and report to a special commis- sioner appointed by the Full Court, and act upon the report of any such commissioner so far as it thinks fit to adopt it; and
(e) appoint any person with special expert knowledge to act as assessor in any case where it appears to the Full Court that such special knowledge is required for the proper deter- mination of the case;
and exercise in relation to the proceedings of the Full Court any other powers which may for the time being be exercised by the Full Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Full Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.
(9) The Full Court may, if it seems fit, on the application 7 Edw. 7, c. of an appellant, admit the appellant to bail pending the deter- 23, s. 14. mination of the appeal.
Further provisions relating to appeals and cases reserved.
78B. Except where, in the opinion of the Full Court, a sub- Prohibition stantial miscarriage of justice has actually occurred, no judgment of staying
Page 25Page 26
No comments yet.
Private notes are available after approval.