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COURT APPEAL RULES

COURT APPEAL RULES

  1997

                 

                C.I 19 

PART Ill-CRIMINAL APPEALS

38. Conditions of appeal

A person desiring to appeal to the Court against his conviction or sentence shall commence his appeal by sending to the Registrar of the court below, a notice of appeal in Form I or 2 set out in Part II of tile Schedule as is relevant to his appeal.

39. Notices of appeal

(1) A notice of appeal or notice of application for extension of time with in which the notice shall be given, shall except under sub-rule (5) of this rule be signed by the appellant or his counsel.

(2) Any notice required or authorised to be given shall be addressed to the Registrar of the court below to be forwarded by him to the Registrar of the Court.

(3) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post addressed to the person to whom the notice or other document is required or authorised to be given or sent.

(4) When an appellant or any other person authorised or required to give or send any notice of appeal or notice of an application for extension of time within which notice of appeal may be given is unable to write, he may affix his mark in the presence of a witness who shall attest the mark, and upon that act the notice shall be taken as duly signed by the appellant.

(5) In the case of a body corporate where any notice or other document is required to be signed by the appellant himself it shall be sufficient compliance if the notice or other document is signed by the secretary, manager or .legal representative of the body corporate.

   

40. Notice of application for extension of time for appealing

(.l) An application to the Court for an extension of time within which notice may be given, shall be as specified in Form 3 in Part II of Schedule.

(2) Any person making an application for an extension of time shall send to the Registrar, together with the proper form of the application a notice of appeal duly

completed.

 

41. Forwarding of proceedings in court below to Registrar

 (I) Where the Registrar of the court below receives a notice of appeal or a notice of application for extension of the time within which the notice shall be given, he shall   forward to the Registrar five copies of the proceedings in the court below and five copies of the summing up or direction of the Judge.

 (2) The Registrar of the court below shall also forward the original exhibits in the 

case as far as practicable and any original deposition, information, inquisition, plea, or  other documents or thing usually kept by him forming part of the record of the court below to the Registrar of the Court.

(3) The Court or Registrar may allow the return of any document or thing to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.

42. Copies of record, for appellant

The appellant may obtain from the Registrar of the court below free of charge,

copies of the record and any document or exhibit in his possession for the purpose of the appeal.

43. Notice to appellant of decision by single Judge

(1) Where any application has been dealt with by a single Judge the Registrar shall notify the appellant of the decision in the form specified in Form 4 in Part II of the Schedule.

(2) Where the Judge refuses any application, the Registrar shall notify the refusal to the appellant and forward to the applicant Form 5 of Part II of the Schedule; which the appellant shall complete and return to the Registrar.

(3) Where the appellant does not desire to have the application determined by the Court as duly constituted for the hearing of appeals or does not return within five days to the Registrar Form 5 duly completed by him, the refusal of his application by the Judge shall be final.

 

44. Abandonment of appeal -

(1) An appellant may at any time after he has duly served notice of appeal or of application for extension of time within which the notice shall be given, abandon his appeal by giving notice of abandonment specified in Form 6 in Part II of the Schedule to the Registrar, and upon such notice the appeal shall be deemed to have been dismissed by the Court.

(2) Upon receipt of a notice of abandonment duly completed and signed or marked

by  the appellant or the party authorised to sign notices under sub-rule (5) of rule 39, the Registrar shall - 

 

(a) give notice of the abandonment as specified in Form 7 in Part II of the Schedule to the respondent, the Prison authority and the Registrar of the court below, and in the case of an appeal against a conviction involving a sentence of death shall in the same manner give notice to the Minister for Justice; and

(b) return to the Registrar of the court below original documents and exhibits received from him.

45. Withdrawal of notice of abandonment-

 

An appellant, other than one convicted of an offence punishable by death who has abandoned his appeal may, with the leave of the Court, withdraw his notice of abandonment by completing Forms 2 and 8 in Part II of the Schedule and shall send the Forms to the Registrar.

 

 

46. Person in custody of default of payment of fine

(I) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment, to imprisonment, and the person remains in custody in default of payment of the fine, he shall for purposes of an appeal be considered to be a person sentenced to imprisonment.

(2) Where any person has been convicted and is sentenced to the payment of a fine, and in default of the payment, to imprisonment and he intimates to the Judge of the court below that he desires to appeal against his conviction, the Judge may order the person to enter into recognisance with or with out reties as the Judge may think right to prosecute his appeal.

 (3) The Judge may order that payment of the fine be made to the Registrar of the court below at the final determination of the appeal, if the appeal is dismissed.

 

(4) The recognisance under this rule shall be as specified in Forms 9 and 10 in Part 2 of the Schedule.

(5) The Registrar of the court below shall forward the recognisance of the appellant and his surety to the Registrar.

(6) If an appellant to whom sub-rule (2) of this rule applies, does not in accordance with these Rules serve a notice of appeal or of abandonment of his appeal within ten days from the date of his conviction or sentence, the Registrar of the court below shall report the omission to the Court which may, after notice in Forms 11 and  12 in Part II of the Schedule has been given to the appellant and his sureties, if any-

(a)  order an estreat of the recognisance of the appellant and his sureties;       

(b) issue a warrant for the apprehension of the appellant;

(c) commit the appellant to prison in default of payment of his fine; or

(d) make such other order as it considers fit.

(7) An appellant who has been sentenced to the payment of a fine and has paid the fine or part of the fine in accordance with the sentence, shall where his appeal succeeds, be entitled, subject to any order of the Court, to the return of the SU111 or aI1Y part of it paid by him.

47. Varying order of restitution of property

Where an order of restitution of any property to any person has been made by the Judge of the court below, the person in whose favour or against whom the order of restitution has been made, and, with the leave of the Court, any other person, shall on tl1e final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order am1ulling or varying the order of restitution is made.

48. Temporary suspension of orders made on conviction as to money, rewards,

costs

 

(1) Where on conviction of a person, the Judge of the court below-

(a) orders a reward to any person who appears to have been active in the apprehension of the convicted person; or

(b) makes an order awarding to any person aggrieved, any sum of money to be paid by the convicted person; or

        

(c) makes an order for payment of money by the convicted   

     person or by any other person; or

        

(d)makes an order affecting the rights or property of the     

     convicted person

 

the operation of the order shall be suspended when notice of appeal is given until the determination of the appeal against the conviction in relation. to which the order was

 made or until abandonment of the appeal under sub-rule (1) of rule 44.

 

(2) The Court may by order annul any order to which this rule refers on the  

 determination of any appeal or may vary the order, as it considers fit.

 

(3) Where upon conviction of a person of at) offence, a disqualification, forfeiture , or disability attaches to that person because of the conviction, the disqualification, for feiture or disability shall be suspended, until the determination of the appeal; aI1d this rule shall not affect the provisions under any enactment prohibiting the alienation or charging of any property or the making of any contract in respect of the property by the convicted person.

 

(4) Where on a conviction, any property, matter or thing which is the subject of the prosecution or connected to the prosecution, is ordered to be destroyed or forfeited

under any law, the destruction or forfeiture shall be suspended when notice of appeal is  given until the determination of the appeal by the Court.

 

(5) Where upon conviction of a person of an offence, a claim may be made or any proceedings may be taken under any law against the person or any other person in consequence of the conviction, the proceedings shall not be taken when notice of appeal is given until the determination of the appeal.

 

(6) A person affected by an order which is suspended under tl1is rule may, witl1 the leave oftl1e Court, be heard on the final determination of the appeal before any order is varied or annulled by the Court.

49. Records of summing up

 (I) Where a trial is held with a jury or assessors, and, by direction of the trial Judge, a record is made by some mechanical or electrical device of any summing up or direction of the Judge, the record shall be accepted by the Court as accurate unless the Court has reason to doubt its accuracy.

(2) Where in such a trial a record of any summing up or direction is otherwise made, by direction of the trial Judge, either in long-hand or short-hand, the record shall be accepted by the Court as accurate, subject to any corrections which the trial Judge may certify ought to be made in order to render the record accurate.

(3) Where in the trial the trial Judge does not give any directions for recording any summing up or direction given by him, his statement shall be accepted as accurate unless the Court sees reason to the contrary.

   

50. Report of Judge of trial Court

(1)  The Registrar shall in relation to any appeal, if directed by the Court, request the trial Judge of the court below to furnish him with a report in writing, giving his opinion on any aspect of the trial in the court below and the trial Judge shall furnish the report to the Registrar. "

(2)  The report of the trial Judge shall be made to the Court and the    Registrar shall, on request, furnish tl1e appellant and respondent with copies of the report.

           

51. Furnishing trial judge with material for report

 When the Registrar requests a trial Judge to furnish a report under these Rules, he shall send to the trial Judge a copy of the notice of appeal or any other document or information which he considers material, or which the Court at any time directs him to send or which the trial Judge may request the Registrar to furnish him to enable him submit his report.

 

52. Procedure where question of law reserved

Where a Judge of a court below reserves a question of law for the consideration of the Court, the person convicted shall for the purposes of these Rules be considered to be an appellant.

53. Appellant and surety's recognisance before whom to be taken

 (1) Where the Court or the court below grants bail to an appellant pending the determination of his appeal, the Court shall specify the amounts in which the appellant or his surety shall be bound by recognisance, and may direct the person before whom the recognisance of the appellant or his surety or both may be taken.

 

(2) Where the Court does not make any order or give any directions under sub- rule (1 ),the recognisance may be taken before the Registrar of the court below.

 

(3) The recognisance provided for in this rule shall be drawn up as specified in. Forms 13 and 14 in Part II of the Schedule.

 

(4) The Registrar of the court below shall forward drawn up recognisance of bail of the appellant and his surety to the Registrar.

 

(5) An appellant who has been granted bail shall be present in person at each and every hearing of his appeal and at the final determination of the appeal.

 

(6) Where the appellant is absent from any hearing of his appeal, the Court may decline to consider the appeal, and may proceed summarily to dismiss the appeal, and issue a warrant in the form specified in Form 15 in Part II of the Schedule for the apprehension of the appellant except that the Court may consider the appeal in his absence, or make such other order as is appropriate.

 

(7) When an appellant is present before the Court, the Court may make an order admitting the appellant to bail, revoke or vary an order previously made, enlarge the recognisance of the appellant or of his sureties, or substitute any other surety for a surety previously bound, as the Court considers right.

 

(8) Where the appellant has been released on bail by the Court or the court below; the Court or the court below may revoke the order admitting him to bail, and issue a warrant as specified in Form 15 in Part II of the Schedule for his apprehension, and order him to be committed to prison.

54. Notification of final determination of appeals

(1) On the final determination of any appeal or of any application to the Court, the Registrar shall give notice of the determination in Forms i 6, 17, and 18 in Part II of the Schedule, to the appellant and if he is in custody, to the respondent and to the prison authority .

 

(2) In an appeal that relates to a conviction involving sentence of death, the Registrar shall on receipt of the notice of appeal, send copies of the notice of appeal to the Minister for Justice, and to the prison authority, and on the final determination of the appeal by the Court, the Registrar shall notify the appellant, the Minister for Justice, the respondent and the prison authority of it.

 

55. Notification of result of appeal

 

(I) The Registrar at the final determination of an appeal shall notify the Registrar of the court below in a form as set out in Form 19 in Part II of the Schedule, of the decision of the Court and also of any orders or directions made or given by the Court.

(2) The Registrar of the court below shall on receipt of the notification referred to in this rule enter the particulars in the records of the court.

56. Enforcement of orders

 

An order given or made by the Court may be enforced by the Court or by the court below as may be most expedient.

57. Restriction on issue of certificate on conviction

Where notice of appeal has been given the Registrar of the court below shall not issue a certificate to a person convicted in that court until after the determination or abandonment of the Appeal.

58. Return of original deposition, exhibits

The Registrar shall, where practicable, upon the final determination of an appeal, return to the Registrar of the court below any original depositions, exhibits, or other documents or things usually kept by the Registrar of the court below or which form part of the record of the court below.

 

59. Attendance of witness before the Court

(I ) Where the Court has ordered a witness to attend and be examined before it, an  order in the form specified in Form 20 in Part II of the Schedule shall be served upon that witness specifying the time and place to attend for the purpose. .

(2) The order may be made at anytime on the application of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made by him as is specified in Form 21 of Part II of the Schedule. .

 

 

60. Examination or witness other than before the Court

(1) Where the Court orders the examination of any witness to be conducted

otherwise than before the Court itself, the order shall specify the person appointed as  examiner, the place of taking the examination and the witness to be examined.

(2) The Registrar shall furnish the examiner documents or exhibits and any other  material relating to the appeal as and when requested to do so.

 

(3) The documents and exhibits and other material shall after the conclusion of ! the examination be returned by the examiner, together with any depositions taken by : him under this rule to the Registrar.

 

(4) When the examiner has appointed the day and time for the examination he shall request the Registrar to notify the appellant or respondent and their counsel and if the appellant is in prison, the prison authority concerned.

(5) The Registrar shall serve on every witness to be examined a notice as specified in Form 22 of Part II of the Schedule.

(6) Every witness examined before an examiner under this rule shall give his evidence on oath or by affirmation to be administered by the examiner.

(7) The examination of every witness shall be taken in the form of a deposition and unless otherwise ordered by the examiner, shall be taken in public, and the caption in Form 23 of Part II of the Schedule shall be attached to the deposition.

(8) Where any witness receives an order or notice to attend before the Court or an examiner, the Registrar shall pay to the witness the appropriate sum for his expenses.

(9) The appellant, the respondent and their counsel shall be entitled to be present at the examination and may examiner and cross-examine any witness who appears be- fore the examiner. 

 

 

 

 

 

 

 

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