1950_CRIMINAL_APPEAL_RULES — Page 11

CAP. 221]

Frivolous and vexatious appeals.

Unopposed. appeal.

Defence of appeals,

Bail. Full Court to specify

amount and

recognizances

to be taken.

Criminal Procedure.

Function of the Attorney General.

25. (1) If in any case the Attorney General is of opinion that the appeal is frivolous or vexatious and can properly be determined without the appearance of the Crown he shall deliver to the Registrar his certificate to that effect. (2) If in any case the Attorney General is of opinion. that the Crown should not appear and oppose the appeal he shall deliver to the Registrar his certificate to that effect.

(3) Save where the Attorney General shall deliver his certificate as provided by this rule the Crown shall appear and defend every appeal.

Procedure on applications for bail; rights of sureties; estreat of recognizances.

26. (1) When the Full Court under the Ordinance admits an appellant to bail pending the determination of his before whom appeal on an application by him duly made in compliance with these rules, the court shall specify the amounts in which the appellant and his surety or sureties (if any be required) shall be bound by recognizance, and shall direct, if it thinks right so to do, before whom the recognizances of the appellant and his surety or sureties (if any) may be taken.

Appellant's recognizances to be taken before a

justice or Commissioner

(2) In the event of the Full Court not making any special order or giving special directions under this rule, the recognizances of the appellant may be taken before a justice of the peace or the Commissioner of Prisons, and the recognizances recognizances of his surety or sureties (if any) may be taken

before the Registrar or a magistrațe.

of Prisons;

surety's

before Registrar or magistrate.

Appellant and

Commissioner

(3) The Registrar shall notify to the appellant and to of Prisons to the Commissioner of Prisons the terms and conditions on receive notice

which the court shall admit the appellant to bail under the Ordinance.

of terms of bail.

Police to assist

magistrate in inquiring as to surety's sufficiency.

(4) The Registrar or magistrate shall be entitled to Registrar or require the assistance of the police for the purpose of making inquiry as to the sufficiency or otherwise of any person offering himself as a surety on behalf of any appellant who has, under the Ordinance, been granted bail, and it shall be the duty of the police to give such assistance to and as and when required by the Registrar or a magistrate under this rule.

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