580
No. 9 of 1899.
CRIMINAL PROCEDURE.
or reversal of judgment on specified grounds.
Treatment pending determination of case by Full Court.
7 Edw. 7, c. 23, s. 14.
Ordinance No. 38 of 1932.
Effect on sentence.
Presence of accused.
7 Edw. 7, c. 23, s. 11.
shall be stayed or reversed under section 78 and no appeal shall be allowed under section 78A—
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court; or
(b) because of any error committed in summoning or swearing the jury or any of them; or
(c) because any person who has served on the jury has not been returned by the Registrar; or
(d) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
(e) because of any informality in swearing the witnesses or any of them.
78C.—(1) Persons committed to prison under section 78(1) and appellants not admitted to bail under section 78A(9) shall, pending the determination of their cases by the Full Court, be treated in such manner as may be directed by any rules made under any Ordinance relating to prisons for the treatment of prisoners committed for trial for any indictable offence.
(2) The time during which any such person or appellant is admitted to bail under section 78(1) or section 78A(9), and, subject to any directions which the Full Court may give to the contrary, the time during which any such person or appellant is in custody pending the determination of his case shall not count as part of any term of imprisonment under his sentence, which shall be deemed to be resumed or to begin to run, as the case requires, if the person or appellant is in custody, as from the day on which the case is determined by the Full Court, and, if he is not in custody, as from the day on which he is received into prison under the sentence.
(3) An appellant, notwithstanding that he is in custody, shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground
* As amended by No. 5 of 1933 [24.3.33].
As amended by Law Rev. Ord., 1937.
580
No. 9 of 1899.
CRIMINAL PROCEDURE.
or reversal
of judgment on specified grounds.
Treatment pending determina-
tion of case
by Full Court.
7 Edw. 7, c. 23, s. 14.
Ordinance
No. 38 of 1932.
Effect on sentence.
Presence of accused.
7 Edw. 7, c. 23, s. 11.
shall be stayed or reversed under section 78 and no appeal shall be allowed under section 78A-
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court; or
(b) because of any error committed in summoning or swear- ing the jury or any of them; or
(c) because any person who has served on the jury has not been returned by the Registrar; or
(d) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
any
(e) because of any informality in swearing the witnesses or
of them.
78C.-(1) Persons committed to prison under section 78 (1) and appellants not admitted to bail under section 78A (9) shall, pending the determination of their cases by the Full Court, be treated in such manner as may be directed by any rules made under any Ordinance relating to prisons for the treatment of prisoners committed for trial for any indictable offence.
.
(2) The time during which any such person or appellant is admitted to bail under section 78 (1) or section 78A (9), and, subject to any directions which the Full Court may give to the contrary, the time during which any such person or appellant is in custody pending the determination of his case shall not count as part of any term of imprisonment under his sentence, which shall be deemed to be resumed or to begin to run, as the case requires, if the person or appellant is in custody, as from the day on which the case is determined by the Full Court, and, if he is not in custody, as from the day on which he is received into prison under the sentence.
(3) An appellant, notwithstanding that he is in custody,. shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground
* As amended by No. 5 of 1933 [24.3.33].
As amended by Law Rev. Ord., 1937.
No comments yet.
Private notes are available after approval.