A 6
[Subsidiary]
IN132/08
Judge's certificate under section 82(2).
Form I.
Retention of fine pending appeal.
Person in custody in default of payment of fine.
Where person fined intimates appeal.
Forms II and III.
Fine to be repaid.
CAP. 221]
Criminal Appeal Rules
(a) for the use of the Court of Appeal, and
(b) to a party interested in such matter,
[1982 Ed.
on payment by such party of such fee per folio as the Registrar may direct.
page
CERTIFICATE OF TRIAL JUDGE
16. The trial judge may, if he considers it desirable so to do, inform the person convicted before, or sentenced by, him that the case is in his opinion one fit for an appeal to the Court of Appeal under section 82(2) of the Ordinance; and may give to such person a certificate to that effect in Form I.
APPEALS WHERE FINE ONLY IS INFLICTED
17. Where a person has been sentenced to payment of a fine, and in default of payment thereof to imprisonment, the person lawfully authorized to receive such fine shall retain it until the determination of any appeal in relation thereto.
18. A person who remains in custody in default of payment of the fine shall be deemed, for the purposes of the Ordinance and these rules, to be a person sentenced to imprisonment.
19. (1) Where a person, who has been sentenced to the payment of a fine, and in default of such payment to imprisonment, intimates to the trial judge that he wishes to appeal to the Court of Appeal-
(a) against his conviction, upon grounds of law alone;
(b) against his conviction, with a certificate of the trial judge granted under section 82(2) of the Ordinance; or
(c) against his sentence, with leave of the Court of Appeal granted under section 83G or 83H of the Ordinance,
the judge may order such person forthwith to enter into recognizances, in such amount and with or without sureties in such amount as the judge shall determine, to prosecute his appeal.
(2) The trial judge may order that payment of the said fine shall be made at the final determination of the appeal, if the same be dismissed, to the Registrar, or as the Court of Appeal may then order. The recognizance under this rule shall be in Forms II and III. 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.
20. An appellant who has been sentenced to the payment of a fine and has paid the same or any part thereof shall, if his appeal is successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum paid by him.
A 6
[Subsidiary]
IN132/08
Judge's
certificate under section 82(2).
Form I.
Retention of fine pending appeal.
Person in custody in default of
payment of fine.
Where person fined intimates appeal.
Forms II and III.
Fine to be
repaid.
CAP. 221]
Criminal Appeal Rules
(a) for the use of the Court of Appeal, and
(b) to a party interested in such matter,
[1982 Ed.
on payment by such party of such fee per folio as the Registrar may direct.
page
CERTIFICATE OF TRIAL JUDGE
16. The trial judge may, if he considers it desirable so to do, inform the person convicted before, or sentenced by, him that the case is in his opinion one fit for an appeal to the Court of Appeal under section 82(2) of the Ordinance; and may give to such person a certificate to that effect in Form I.
APPEALS WHERE FINE ONLY IS INFLICTED
17. Where a person has been sentenced to payment of a fine, and in default of payment thereof to imprisonment, the person lawfully authorized to receive such fine shall retain it until the determination of any appeal in relation thereto.
18. A person who remains in custody in default of payment of the fine shall be deemed, for the purposes of the Ordinance and these rules. to be a person sentenced to imprisonment.
19. (1) Where a person, who has been sentenced to the payment of a fine, and in default of such payment to imprisonment, intimates to the trial judge that he wishes to appeal to the Court of Appeal-
(a) against his conviction, upon grounds of law alone;
(b) against his conviction, with a certificate of the trial judge
granted under section 82(2) of the Ordinance; or
(c) against his sentence, with leave of the Court of Appeal granted under section 83G or 83H of the Ordinance,
the judge may order such person forthwith to enter into recogni- zances, in such amount and with or without sureties in such amount as the judge shall determine, to prosecute his appeal.
(2) The trial judge may order that payment of the said fine shall be made at the final determination of the appeal, if the same be dismissed, to the Registrar, or as the Court of Appeal may then order. The recognizance under this rule shall be in Forms II and III. 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.
20. An appellant who has been sentenced to the payment of a fine and has paid the same or any part thereof shall, if his appeal is successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum paid by him.
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