1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 35

į

Criminal Procedure.

the Full Court that such special knowledge is required for the proper determination of the case; and exercise in relation to the proceedings of the Full Court any other powers which may for the time being be exercised by the Full Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Full Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

[CAP. 221

c. 23, s. 14.

(9) The Full Court may, if it seems fit, on the applica- 7 Edw. 7, tion of an appellant, admit the appellant to bail pending the determination of the appeal.

[78A

Further provisions relating to appeals and cases reserved.

of staying

or reversal on specified

of judgment

83. Except where, in the opinion of the Full Court, Prohibition a substantial miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 81 and no appeal shall be allowed under section 82-

(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 wit-

nesses or any of them.

[78B

grounds.

pending

of case by

84. (1) Persons committed to prison under subsection Treatment (1) of section 81 and appellants not admitted to bail under determination subsection (9) of section 82 shall, pending the determina- Full Court. tion of their cases by the Full Court, be treated in such 7 Edw. 7, 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.

c. 23, s. 14.

2 of 1987 5.4

or Effect on

sentence.

(2) The time during which any such person appellant is admitted to bail under subsection (1) of section Si or subsection (9) of section 82, and, subject to any direc- tions which the Full Court may give to the contrary, the

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