1982 Ed.]
Criminal Appeal Rules
[CAP. 221
53. When an appellant has been released on bail, has been apprehended under a warrant under these rules or by his sureties and is in prison, the Commissioner of Correctional Services shall forthwith notify the Registrar, who shall take steps to inform a judge thereof. The judge may give to the Registrar such directions as to the appeal or otherwise as he thinks fit.
54. Nothing in these rules shall affect the lawful right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.
55. The Court of Appeal may, on any breach of the recognizances of the appellant, order such recognizances, and those of his sureties, to be forfeited.
56. It shall be the duty of the Director of Legal Aid, when so requested by the Registrar, to inquire into, and to report to him upon, the means and circumstances of any appellant, where a question as to his means and circumstances arises under the Ordinance or these rules.
A 13
[Subsidiary]
Commissioner of Correctional Services to notify Registrar of commitment.
Sureties' rights at common law preserved.
Forfeiture of recognizances.
Duty of Director of Legal Aid.
57. The Commissioner of Correctional Services shall, on notice from the Registrar, cause such number of prison officers to attend a sitting of the Court of Appeal as, having regard to the list of appeals thereat, he shall consider necessary.
58. (1) An appellant who is not in custody shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the court shall from time to time direct.
(2) Such an appellant shall be searched by them and shall be deemed to be in their lawful custody until further released on bail, or otherwise dealt with as the court shall direct.
59. (1) The Registrar shall keep available for use by the Court of Appeal any documents, exhibits or other things relating to the proceedings before the trial court.
(2) Pending the determination of the appeal, such documents, exhibits or other things shall be open, as the Registrar may arrange, for inspection by any party interested.
(3) The Court of Appeal, or a judge, may at any stage of an appeal, on application by any party to an appeal, order any document, exhibit or other thing connected with the proceedings to be produced to the Registrar or before the court by any person having the custody or control thereof.
(4) Service of any order made under this rule shall be personal service, unless the court or a judge aforesaid otherwise orders. For the purpose of effecting due service thereof, the Registrar may require the assistance of the police and may forward the order together with instructions to the Commissioner of Police, who shall comply therewith.
LN
Prison officers to attend sittings of Court of Appeal.
Appellant to surrender on appeal.
Registrar to keep documents, exhibits, etc., for purposes of appeal.
F
1982 Ed.]
Criminal Appeal Rules
[CAP. 221
53. When an appellant has been released on bail, has been apprehended under a warrant under these rules or by his sureties and is in prison, the Commissioner of Correctional Services shall forthwith notify the Registrar, who shall take steps to inform a judge thereof. The judge may give to the Registrar such directions as to the appeal or otherwise as he thinks fit.
54. Nothing in these rules shall affect the lawful right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.
55. The Court of Appeal may, on any breach of the recogni- zances of the appellant, order such recognizances, and those of his sureties, to be forfeited.
56. It shall be the duty of the Director of Legal Aid, when so requested by the Registrar, to inquire into, and to report to him
A 13
[Subsidiary]
Commissioner
of Correctional Services to notify Registrar of commitment.
Sureties' rights
at common law preserved.
Forfeiture of recognizances.
Duty of Director of Legal Aid.
upon, the means and circumstances of any appellant, where a 35 (85
and
question as to his means and circumstances arises under the Ordi- nance or these rules.
57. The Commissioner of Correctional Services shall, on notice from the Registrar, cause such number of prison officers to attend a sitting of the Court of Appeal as, having regard to the list of appeals thereat, he shall consider necessary.
58. (1) An appellant who is not in custody shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the court shall from time to time direct.
(2) Such an appellant shall be searched by them and shall be deemed to be in their lawful custody until further released on bail, or otherwise dealt with as the court shall direct.
59. (1) The Registrar shall keep available for use by the Court of Appeal any documents, exhibits or other things relating to the proceedings before the trial court.
(2) Pending the determination of the appeal, such documents, exhibits or other things shall be open, as the Registrar may arrange, for inspection by any party interested.
(3) The Court of Appeal, or a judge, may at any stage of an appeal, on application by any party to an appeal, order any document, exhibit or other thing connected with the proceedings to be produced to the Registrar or before the court by any person having the custody or control thereof.
(4) Service of any order made under this rule shall be personal service, unless the court or a judge aforesaid otherwise orders. For the purpose of effecting due service thereof, the Registrar may require the assistance of the police and may forward the order together with instructions to the Commissioner of Police, who shall comply therewith.
LN
Prison officers to attend sittings of
Court of Appeal.
Appellant to surrender on
appeal.
Registrar to keep documents, exhibits, etc., for purposes of appeal.
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