1950_CRIMINAL_APPEAL_RULES — Page 12

Criminal Procedure.

[CAP. 221

and surety's

to be

to Registrar.

Registrar or give surety recognizances.

magistrate to

(5) After the recognizance of a surety has been duly Appellant's taken under these rules by a magistrate such magistrate recognizances shall forward such recognizance to the Registrar, and the forwarded Commissioner of Prisons shall, after the appellant's re- cognizance has been duly taken in pursuance of this rule, forward the same to the Registrar. The Registrar or magistrate shall after the recognizance of a surety is taken give to him a certificate in Form XV in the Schedule which such surety shall sign and retain.`

certificate of

receiving

in due form

to notify the of Prisons to appellant.

Commissioner

(6) The Registrar, on being satisfied that the recogni- Registrar on zances of the appellant and his surety or sureties (if any) recognizances are in due form and in compliance with the order of the court admitting the appellant to bail, shall send in Form XII in the Schedule a notice to the Commissioner of Prisons. This notice, when received by the said Commissioner, shall be a sufficient authority to him to release the appellant from custody.

release

(7) The recognizances provided for in this rule shall Form of be in Forms X and XI in the Schedule.

recognizance.

appellant on bail at hearing of

(8) An appellant who has been admitted to bail under Presence of the Ordinance shall, by the order of the Full Court or a judge under which he was so admitted to bail, be ordered his appeal. to be and shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Full Court may, in the event of such appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same, and may issue a warrant for the apprehension of the appellant in Form XIX in the Schedule: Provided that the Full Court may consider the appeal in his absence, or make such other order as it thinks right.

(9) When an appellant is present before the Full Court such court may on an application made by any person or, if it thinks right so to do, without any application make any order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time the recognizance of the appellant or of his sureties or substitute any other surety for a surety previously bound as it thinks right.

Varying order Full Court.

for ball, by

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