Criminal Procedure.
[CAP. 221
with or without sureties in such amount as such judge may think right, to prosecute his appeal. And, subject thereto, the trial judge may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar, or as the Full Court may then order. The recognizance under this rule shall be in Forms XX and XXI in the Schedule. A surety becoming duly bound by recognizance under this rule shall be deemed to be for all purposes, and shall have all the powers of, a surety under the provisions of rule 26.
repaid on
success
of
(4) An appellant who has been sentenced to the payment of a fine and has paid the same or any part thereof in accordance with such sentence shall, in the event of his appeal being successful, be entitled, subject to any order of the Full Court, to the return of the sum or any part thereof so paid by him.
(5) If an appellant to whom paragraph (3) of rule 7 applies does not serve, in accordance with these rules, a notice of appeal upon grounds of law alone, or with the certificate of the trial judge upon any grounds mentioned in paragraph (b) or (c) of subsection (1) of section 82 of the Ordinance, within ten days from the date of his conviction and sentence, the Registrar shall report such omission to a judge and the Full Court may, after notice in Forms XXII and XXIII in the Schedule has been given to the appellant and his sureties, if any, order an estreat of the recognizances of the appellant and his sureties in manner provided by paragraph (16) of rule 26, and may issue a warrant for the apprehension of the appellant, and may commit him to prison in default of payment of his fine, or may make such other order as it thinks right.
Custody of exhibits used at trial.
How appellant committing breach of recognizance rule may be dealt with.
8. Except in so far as the trial judge shall direct, all exhibits in the case shall remain in the custody of the Registrar, or of such other person as the Registrar directs, pending any appeal or the final determination of an appeal.
Order made at trial. Consequential orders and suspension of same pending appeal.
9. (1) Where, on the conviction of a person, the trial judge makes an order under section 74, 75, or 85 of the
17
Suspension made by trial judge.
Criminal Procedure.
[CAP. 221
with or without sureties in such amount as such judge may think right, to prosecute his appeal. And, subject thereto, the trial judge may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar, or as the Full Court may then order. The recognizance under this rule shall be in Forms XX and XXI in the Schedule. A surety becom- ing duly bound by recognizance under this rule shall be deemed to be for all purposes, and shall have all the powers of, a surety under the provisions of rule 26.
repaid on
success
of
(4) An appellant who has been sentenced to the pay- Fine to be ment of a fine and has paid the same or any part thereof in appeal. accordance with such sentence shall, in the event of his appeal being successful, be entitled, subject to any order of the Full Court, to the return of the sum or any part thereof so paid by him.
(5) If an appellant to whom paragraph (3) of rule 7 applies does not serve, in accordance with these rules, a notice of appeal upon grounds of law alone, or with the certificate of the trial judge upon any grounds mentioned in paragraph (b) or (c) of subsection (1) of section 82 of the Ordinance, within ten days from the date of his conviction and sentence, the Registrar shall report such omission to a judge and the Full Court may, after notice in Forms XXII and XXIII in the Schedule has been given to the appellant. and his sureties, if any, order an estreat of the recognizances of the appellant and his sureties in manner provided by paragraph (16) of rule 26, and may issue a warrant for the apprehension of the appellant, and may commit him to prison in default of payment of his fine, or may make such other order as it thinks right.
Custody of exhibits used at trial.
How
appellant
committing recognizance rule may be
breach of
under this
dealt with.
exhibits.
8. Except in so far as the trial judge shall direct, all Custody of exhibits in the case shall remain in the custody of the Registrar, or of such other person as the Registrar directs, pending any appeal or the final determination of an appeal.
Order made at trial. Consequential orders and suspension of same pending appeal.
9. (1) Where, on the conviction of a person, the trial judge makes an order under section 74, 75, or 85 of the
17
.
Suspension made by
of orders
trial judge.
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