CRIMINAL PROCEDURE.
No. 9 of 1899.
581
involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present, except where rules and orders made under section 10 of this Ordinance provide that he shall have the right to be present or where the Full Court gives him leave to be present. Such leave may be given also in any case under section 78; but without it the accused shall not be entitled to be present.
(4) The power of the Full Court to pass any sentence under this Ordinance may be exercised notwithstanding that the accused is for any reason not present.
Absence of accused.
7 Edw. 7, c. 23, s. 11.
(5) The Full Court in every appeal or case reserved under this Ordinance shall, subject to the express provisions of this Ordinance, have all the powers of the court of trial, with regard to sentence, commencement of sentence, costs, compensation, release on recognizances or any other matter.
Restitution of property in case of conviction.
79.-(1) Subject to the provisions of the Pawnbrokers Ordinance, 1930, 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 or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto.
(2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged.
[s. 80, rep. Law Revision Ordinance, 1937.]
Calendar of sentences.
81.-(1) As soon as conveniently may be after the conclusion of each session, a copy of the calendar of sentences, under
As amended by No. 17 of 1930 [17.10.30].
effect of
CRIMINAL PROCEDURE.
No. 9 of 1899.
581
involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings pre- liminary or incidental to an appeal, shall not be entitled to be present, except where rules and orders made under section 10 of this Ordinance provide that he shall have the right to be present or where the Full Court gives him leave to be present. Such leave may be given also in any case under section 78; but without it the accused shall not be entitled to be present.
(4) The power of the Full Court to pass any sentence Absence under this Ordinance may be exercised notwithstanding that the accused is for any reason not present.
of accused.
7 Edw. 7, c. 23, s. 11.
(5) The Full Court in every appeal or case reserved under General this Ordinance shall, subject to the express provisions of this powers. Ordinance, have all the powers of the court of trial, with regard to sentence, commencement of sentence, costs, compensation, release on recognizances or any other matter.
Restitution of property.
in case of
79.-(1) Subject to the provisions of the Pawnbrokers Restitution Ordinance, 1930, where any person is convicted of an indictable of property offence, any property found in his possession, or in the posses- conviction. sion of any other person for him, may be ordered by the court Ordinance or magistrate to be delivered to the person who appears to the No. 16 of court or magistrate to be entitled thereto.
(2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magis- trate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged.
[s. 80, rep. Law Revision Ordinance, 1937.]
Calendar of sentences.
1930.
81.-(1) As soon as conveniently may be after the conclu- Transmis- sion of each session, a copy of the calendar of sentences, under sion and
As amended by No. 17 of 1930 [17.10.30].
effect of
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