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C.I. 16         

                                        

       SUPREME COURT  RULES  1996

 

PART III - CRIMINAL APPEALS

31 Time for and manner of, appealing in criminal cases

 (1) Where the Republic or any person desires to appeal to the Court in a criminal cause or matter he shall give notice of an application, for leave to appeal within one month of the decision of the court below.

(2) The period within which notice of a criminal appeal or notice of an application for leave to appeal may be given may be extended at any time by the court below or by the Court on an application on notice.

(3) The notice of a criminal appeal or notice of an application for leave to appeal or notice of an application for extension of time within which such notice shall be given shall be filed with the court below,

(4) Where the court below refuses to grant an application for leave to appeal, the appellant may apply to the Court for special leave to appeal and the Registrar shall accordingly notify the court below of the application and of its results.

(5) A notice referred to in sub-rule (3) of this rule shall be in the Forms 13, 14, or 15 set out in Part II of the Schedule to these Rules.

 

32. Notice of criminal appeal

(1) Except as otherwise provided in sub-rule (5) of this rule every notice of a criminal appeal, or notice of an application for leave to : appeal, or notice of an application for extension of time within which the notice shall be given, shall be signed by the appellant or his counsel.

            (2) Any notice or other document which is required or authorised to be given or sent shall be considered to be duly given or sent at the time of posting 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.

(3) Where an appellant or any other person authorised or required to give notice of a criminal appeal or notice of any application, is for any valid reason, unable to sign or write, he may affix his mark and thumb-print on it in the presence of a witness who shall attest it, and upon that the notice shall be considered to be duly signed by the appellant or that other person.

(4) Where it has been contended at the original trial that a person was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission was made by him, any notice required to be given and signed by the appellant himself may be given and signed by his counsel.

(5) Where the appellant is a body corporate any notice or other document required to be signed under these Rules shall be signed by a director, manager, trustee or counsel of that body corporate.

33. Grounds of appeal

(1) The notice of criminal appeal or notice of an application for leave to appeal shall set out concisely and under distinct heads numbered seriatim the grounds upon which the appellant intends to rely at t the hearing of the appeal without any argument or narrative.

(2) No ground of appeal which is vague or general in terms or discloses no reasonable ground of appeal shall be permitted except the general ground that the judgment is unreasonable or cannot be supported, having regard to the evidence.

 

 (3) Any ground of appeal or any part of it which is not permitted under sub-rule (2) may be struck out by the Court on its own motion or on application by the respondent.

 

(4) The appellant shall not without the leave oftl1e Court, argue or be heard in support of any ground not mentioned in the notice of criminal appeal or the notice of an application for leave to appeal.

 

(5) Notwithstanding sub rules (1) to (4) of this rule the Court,

(a)  may grant an appellant leave to amend the grounds of appeal upon such terms as the Court may think just;

     

(b) shall not in deciding the appeal, be obliged to confine itself to  the grounds set out by the appellant nor shall the Court be precluded from resting its decision on any ground not set out by the appellant,

(6) Where the Court intends to rest a decision on a ground not set out by the, appellant in his notice of appeal or on any matter not argued before it, the Court shall afford the parties reasonable opportunity to be heard on any ground or matter without re-opening the whole appeal.

 

34. Notice of application for extension of time to appeal

Any person making an application or extension of time within which notice may be given under rule 31 of these Rules shall send to the Registrar of the court below-

(a)   the proper form of the application for extension; and

(b)   a form duly filled in or notice of a criminal appeal, or of

           notice of an application for leave to appeal,

35. Notice of application for leave to appeal

Where the Court or the court below gives an appellant leave to appeal, It shall not be necessary for the appellant to give any notice of a criminal appeal and the notice of the application for leave to appeal shall be considered as the notice of a criminal appeal,

 

36. Forwarding of proceedings to the Court

            (1) Where the court below receives a notice of a criminal appeal, for grants an application for leave to appeal, the Registrar of the court

below shall forward to the Registrar of the Court -

(a) the notice of the criminal appeal or the notice of an application for leave to appeal with the order of the court below granting leave to appeal; and

 

(b) not less than nine copies of the proceedings in the court below.

(2) The Registrar of the court below shall also forward to the Registrar the original exhibits in the case as far as practicable and any other documents or things normally kept by him, or that form part of the record of the court below.

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

37. Copies of record for parties

(1) Subject to clause (4) of article 19 of the Constitution, an appellant may, at anytime after notice of a criminal appeal or notice of an application for leave has been given him obtain from the Registrar of the court below free of charge for the purposes of the appeal, copies of the record of the proceedings.

            (2)The respondent shall be supplied with a copy of the record of the proceeding

38. Action on decision on application to a single Justice

Where an application has been dealt with by a single Justice or three Justices of the Court in the absence of the appellant or his counsel the Registrar shall inform the appellant of the decision of the Justices in the Form 16 set out in Part II of the Schedule to these Rules.

 

39 Abandonment of appeal

(1) An appellant may, at any time after he has duly filed notice of a criminal appeal or of an application for leave to appeal, or of an application for extension of time within which the notice shall be given; to the Registrar, abandon his appeal or application, by giving notice of the abandonment in the Form 17 set out in Part II of the Schedule to these Rules.

(2) Where notice provided for under sub-rule (1) has been given, the appeal or application shall be considered struck out.

(3) Upon receipt of a notice of abandonment the Registrar shall give notice as in the Form 18 set out in Part II of the Schedule to these Rules to the respondent, the prison authorities and the Registrar of the court below.

(4) In the case of an appeal in respect of a conviction involving a sentence of death, the Registrar shall, in addition, give notice of the abandonment to the appropriate Minister.

 

40. Withdrawal of notice of abandonment of appeal

An appellant who has abandoned his criminal appeal may, with the leave of the Court, with draw his notice of abandonment by completing and sending to the Registrar a notice In the Form 19 set out in Part II of the Schedule to these Rules.

 

41. Temporary suspension of orders

(1) Un1ess the Court otherwise directs, an order made by any court on the conviction of any person-

(a) requiring that person to pay the whole or any part of the costs and expenses of the prosecution for the offence out of any money taken from him on his arrest or otherwise;

(b) requiring that person to pay a reward to any other person who appears to that court to have taken an active part in the arrest of the convicted person; or  (c) awarding to any person aggrieved by the offence any j sum of money to be paid by the convicted person or by  any other person; or

(d) requiring the return, restitution or delivery of any property to any person; or

(e) affecting any right or property of the convicted person shall be suspended where notice of a criminal appeal or notice of an application for leave to appeal against the conviction is filed until the determination of the appeal or until the appeal is abandoned.

(2) Where on the acquittal or discharge of any person charged with an offence, an order is made by the Court for the payment of any costs or compensation by the prosecution or by the complainant to the person acquitted or discharged, the order shall be suspended when notice of a criminal appeal or notice of an application for leave to appeal against the acquittal or discharge is filed, until the determination of the appeal or until the appeal is abandoned.

(3) Where upon the conviction of any person of any offence any disqualification, forfeiture or disability attached to that person by reason of the conviction, and notice of a criminal appeal or notice of an application for leave to appeal against the conviction is filed, the disqualification, forfeiture or disability shall be suspended until the determination of the appeal or until the appeal is abandoned.

 (4) Where upon the conviction of any person of any offence, any property, matter or thing which is the subject matter of the prosecution or is connected with it is required to be or may be ordered to be destroyed or forfeited under any law, and notice of a criminal appeal or notice of an application for leave to appeal against the conviction is filed, the order for destruction or forfeiture shall be suspended until the determination of the appeal or until the appeal is abandoned.

 

42. Grant of bail

(1) The Court may at any time during the pendency of a criminal appeal on its own motion or on an application made by any person grant bail to the appellant or revoke or vary any order previously made.

 

(2) Where the Court grants bail to an appellant pending the determination of his appeal, the Court shall specify the amount in which the appellant and his surety, if any, shall be bound by recognizance and unless otherwise directed by the Court the recognizance of the appellant or his surety shall be taken before the Registrar.

 

(3) The recognizances provided for in this rule shall be in the Forms 20 and 21 set out in Part II of the Schedule to these Rules.

 

(4) An appellant who has been granted bail shall be personally present at each and every hearing of his appeal and at the final determination of the appeal unless the Court otherwise directs.

 

(5) Where an appellant is not present at the hearing of his appeal " after having been granted bail under this rule, the Court may-

(a) consider the appeal In his absence and make such order  as it thinks fit; or

 

(b) proceed summarily to dismiss the appeal and issue a warrant for the arrest of the appellant in the Form 22 set out in Part II of the Schedule to these Ru1es. .

 

(6) Sub-rule (5) shall apply with such modifications as the Court may direct in any case where an appellant indicates that he desires to be present at the hearing of his appeal but does not in fact attend.

 

43. Notification of final determination of appeals

(1) On the final determination of a criminal appeal or of any application to the Court, the Registrar shall give to the appellant if the is in custody and was not present at the determination, and to the respondent, and the prison authorities notice of the determination in the Forms 23, 24, 25 or 26 set out In Part II of the Schedule to these Rules, as the case ,maybe

 

 (2) In the case of an appeal in respect of a conviction involving a sentence

of death, the Registrar, shall, on receiving the notice of a criminal appeal or of an application for extension of the time within which to appeal, send copies of the notice to the appropriate Minister and to the prison authorities.

 

(3) The Registrar shall on the final determination of the appeal notify the

appellant, the appropriate Minister, the respondent and the prison authorities of the decision of the Court.

 

(4) The Registrar shall, upon the final determination of a criminal appeal,

notify the Registrar of the court below, and by a formal order inform him of the decision, and any orders or directions made or given by the Court in connection with the appeal.

 

(5) The Registrar of the court below shall, on receiving the formal order referred to in this rule, enter the particulars of the order in the records of that court.

 

44. Return of exhibits

Upon the final determination of a criminal appeal the Registrar shall, where practicable, and subject to any order of the Court, cause to be returned to the Registrar of the court below any exhibit or document or things forwarded to the Court in connection with the appeal.

 

 

 

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