Criminal Appeal Act

Criminal Appeal Rules 1954

[GN 134 of 1954 – 1 January 1955] [Section 20]

1. Short title

These rules may be cited as the Criminal Appeal Rules 1954.

2. Interpretation

In these rules –

"Act" means the Criminal Appeal Act;

"exhibits" –

(a) includes all books, papers, and documents, and all other property, matters and things whatsoever connected with the proceedings against any person who is entitled or may be authorised to appeal under the Act, which have been produced and used in evidence during the proceedings at the trial of, or other proceedings in relation to, a person entitled or authorised under the Act to appeal, and any written statement handed in to the Judge at the trial by such person; but

(b) does not include the original depositions of witnesses examined before the committing Magistrate nor any information against any such person nor any plea filed at the trial;

"Government Department" includes the Commissioner of Police;

"proper officer of the Court of trial" means the Master and Registrar acting in his capacity of Registrar or any other officer of the Supreme Court who, with the authority of the Chief Justice, acts on behalf of the Master and Registrar in the capacity of Registrar in proceedings at a trial before the Supreme Court of a person who desires to appeal under the Act from his conviction or sentence;

"respondent" means the person who under section 14 of the Act has the duty of appearing for the State, or who undertakes the defence of the appeal;

"shorthand writer" means the person appointed as such for the purposes of section 18 of the Act.

3. –

4. Appellant to fill up forms of appeal and notices and answer questions

(1) A person who desires to appeal to the Court of Criminal Appeal against his conviction or sentence, or to make application to the Court of Criminal Appeal for leave to appeal or for extension of the time within which notice of appeal or notice of application for leave to appeal shall be given, shall commence his appeal or application by sending to the Registrar the notice of appeal, or notice of application for leave to appeal or notice of application for extension of the time within which such notice shall be given, as the case may be, in the form of such notices respectively set forth in Forms 1 to 5 in the Schedule, and, in the notice or notices so sent, shall answer the questions and comply with the requirements set forth thereon subject to rule 42.

(2) Unless the Court of Criminal Appeal shall otherwise allow, an appellant who has presented his case and argument in writing shall not be entitled to submit in addition an oral argument to the Court in support of the appeal or the application for leave to appeal.

5. Time for appealing against conviction to run from verdict

The time within which a person convicted shall give notice of appeal or notice of application for leave to appeal to the Court of Criminal Appeal against his conviction shall commence to run from the day on which the verdict was returned or the conviction recorded, whether the Judge shall have passed sentence or pronounced final judgment upon him on that day or not.

6. Time for appealing against sentence to run from pronouncement of sentence

The time within which a person convicted and sentenced shall give notice of appeal or notice of application for leave to appeal against such sentence to the Court of Criminal Appeal shall commence to run from the day on which such sentence shall have been passed on him by the Judge.

7. Notices of appeal to be signed by appellant and addressed to Registrar

(1) Every notice of appeal, or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given shall be signed by the appellant, except under paragraphs (4) and (5). Any other notice required or authorised to be given for the purposes of the Act or these rules shall be in writing and signed by the person giving the same or by his attorney. All notices required or authorised to be given for the purposes of the Act or these rules to the Court of Criminal Appeal shall be addressed to the Registrar of the Court of Criminal Appeal.

(2) Any notice or other document which is required or authorised by the Act or these rules to be given or sent, except notices or orders for the service of which provision is made by rule 37, shall be duly given or sent if forwarded by registered post addressed to the person to whom such notice or other document is so required or authorised to be given or sent.

(3) Where an appellant or any other person authorised or required to give or send any notice of appeal or notice of any application for the purposes of the Act or of these rules is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and such notice shall be considered to have been duly signed by the appellant.

(4) Where, on the trial of a person entitled to appeal, it has been contended that he 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 made by him, any notice required by these rules to be given and signed by the appellant may be given and signed by his attorney or other person authorised to act on his behalf.

(5) In the case of a body corporate, where by the Act or these rules any notice or other document is required to be signed by the appellant, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager or attorney of such body corporate.

8. Notice of application for extension of time for appealing

Every person making an application to the Court of Criminal Appeal for an extension of time within which notice of appeal or notice of application for leave to appeal shall be given, shall send to the Registrar, together with the proper form of such application, a form, duly filled, of notice of appeal, or of notice of application for leave to appeal appropriate to the ground or grounds on which he desires to question his conviction or sentence, as the case may be.

9. Notice of application for leave to appeal

Where the Court of Criminal Appeal has, on a notice of application for leave to appeal duly made and served, given the appellant leave to appeal, it shall not be necessary for the appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be considered to be a notice of appeal.

10. Registrar to require proper officer of Court of trial to particulars

(1) Where the Registrar has received a notice of appeal, or a notice of application for leave to appeal, or a notice of application for extension of time within which such notice shall be given, or where the President shall exercise his powers under section 21 of the Act, the Registrar shall forthwith apply to the proper officer of the Court of trial for the particulars of the trial and conviction according to Form 6 in the Schedule, and the officer shall forthwith furnish such particulars to the Registrar.

(2) The Registrar may, where it appears to him to be necessary for the proper determination of any appeal or application or for the due performance of the duties of the Court of Criminal Appeal under the said section, and shall, where he is directed by the Court of Criminal Appeal so to do, require the proper officer of the Court of trial to furnish him with the original depositions of witnesses examined before the committing Magistrate, or with any exhibit retained by such officer, and with the information against the appellant, or with any plea filed in the Court of trial, and such officer shall forthwith furnish the same to the Registrar.

11. How applications are to be dealt with

(1) Notice of application for leave to appeal, or for extension of time within which notice of appeal or notice of application for leave to appeal shall be given under the Act, in the Forms in the Schedule, and the answers to the questions on Forms 1, 2, 3 and 4 which an appellant is required to make in relation to legal aid being assigned to him, or to leave being granted to him to be present at the hearing of his appeal, shall be considered to be applications to the Court of Criminal Appeal in such matters respectively.

(2) The Registrar shall, where an application referred to in this rule has been dealt with by a Judge of the Court of Criminal Appeal under section 19 of the Act, notify the decision to the appellant. Where a Judge refuses all or any of such applications, the Registrar, on notifying such refusal to the appellant, shall forward to him Form 7 in the Schedule, together with Form 8, which Form 8 the appellant is required to fill and return to the Registrar within 5 days from the date of such refusal, if he desires to have his said application determined by the Court of Criminal Appeal as duly constituted for the hearing of appeals under the Act. Where the appellant does not return to the Registrar within 5 days Form 8 duly filled by him, the refusal of his application by the Judge shall be final and conclusive. Where the appellant desires that his application shall be determined by the Court of Criminal Appeal as duly constituted for the hearing of appeals under the Act and he is not legally represented, he may, if the Court of Criminal Appeal gives him leave, be present at the hearing and determination by the Court of Criminal Appeal of his application:

Provided that an appellant who is legally represented shall not be entitled to be present without special leave of the Court of Criminal Appeal.

(3) Where an appellant duly fills and returns Form 8 to the Registrar within the prescribed time, expressing a desire to be present at the hearing and determination by the Court of Criminal Appeal of the application, the Form shall be considered to be an application by the appellant for leave to be so present; and the Registrar on receiving the said Form, shall take the necessary steps for placing the application before the Court of Criminal Appeal. Where the application to be present is refused, the Registrar shall notify the appellant. If the application is granted, the Registrar shall notify the appellant and the Commissioner of Prisons as provided by these rules.

(4) For the purpose of constituting the Court of Criminal Appeal, the Judge who has refused any such application may sit as a member of the Court and take part in determining the application.

(5) A Judge of the Court of Criminal Appeal sitting under section 19 of the Act may sit and act wherever convenient.

12. Abandonment of appeal

(1) An appellant may, at any time after he has duly served any notice under rule 4, abandon his appeal or application by giving to the Registrar notice of such abandonment in the Form 9 in the Schedule, and on such notice being given the appeal shall be considered to have been dismissed by the Court of Criminal Appeal.

(2) Where no appearance is made by or on behalf of an appellant on the calling of his appeal or application, and where no case or argument in writing has been lodged at the time of such calling, the Court may dispose of the appeal or application as if it had been abandoned by the appellant.

13. Judge's certificate

(1) The certificate of the Judge of the Court of trial under section 5(b) of the Act may be in Form 10 in the Schedule.

(2) The Judge of the Court of trial may, in any case in which 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 Criminal Appeal under section 5(b), and may give to such person a certificate to that effect in the Form 10 in the Schedule.

14. Registrar's duties as to ascertaining respondent

(1) (a) Where the Registrar has received a notice of appeal or a notice of appeal on grounds of law alone which does not, in his opinion, fall within section 17(2) of the Act, or where leave to appeal is granted to an appellant, he shall forthwith ascertain from the person specified in Form 6 as the prosecutor (unless such person shall be the Director of Public Prosecutions or a Government Department), or from the counsel of such person, whether the prosecutor intends to undertake the defence of the appeal. In the event of the prosecutor declining to undertake the defence of the appeal, notice to that effect shall be sent by the Registrar to the Director of Public Prosecutions.

 (b) Where the prosecutor in the Court of trial was the Director of Public Prosecutions, the Registrar shall notify him of such appeal.

(2) It shall be the duty of a prosecutor who declines to undertake the defence of an appeal, and of his counsel, to furnish the Registrar and the Director of Public Prosecutions or either of them, any information, documents, matters, and things in his possession or under his control connected with the proceedings against the appellant, which the Registrar or the Director of Public Prosecutions may require for the purposes of their duties under the Act.

15. Court may at any stage substitute Director of Public Prosecutions for a private prosecutor

Where the defence of an appeal is undertaken by a private prosecutor, the Court of Criminal Appeal may, at any stage of the proceedings at such appeal, order that the Director of Public Prosecution shall take over the defence of the appeal and be responsible on behalf of the State for the further proceedings.

16. Copies of documents or exhibits

(1) At any time after notice of appeal or notice of application for leave to appeal has been given, an appellant or a respondent, or the attorney or other person representing either of them, may obtain from the Registrar copies of any documents or exhibits in his possession for the purposes of such appeal. Such copies shall be supplied by the Registrar at such charges as may be prescribed in the Court Fees Act or any rules made thereunder.

(2) Where counsel and attorney, or counsel only, are, or is, assigned to an appellant under the Act, copies of any documents or exhibits which they or he may request the Registrar to supply shall without charge be supplied unless the Registrar thinks that they are not necessary for the purposes of the appeal.

(3) A transcript of the shorthand notes taken of the proceedings at the trial of an appellant shall not be supplied free of charge, except by an order of the Court or a Judge on an application made by an appellant or by his counsel or attorney assigned to him under the Act.

(4) Where an appellant who is not legally represented requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it free of charge where the Registrar thinks, under all the circumstances, that it is desirable to supply the same to him.

17. Registrar to obtain documents, exhibits, etc. for purposes of appeal, and same to be opened for inspection

(1) The Registrar may, on an application made to him by the appellant or the respondent in any appeal, or where he considers it to be necessary for the proper determination of an appeal or application, and shall, where directed by the Court of Criminal Appeal so to do, obtain and keep available for use by the Court of Criminal Appeal any documents, exhibits, or other things relating to the proceedings before the said Court, and, pending the determination of the appeal, such documents, exhibits, or other things shall be open, as and when the Registrar may arrange, for the inspection of any party interested.

(2) The Court of Criminal Appeal may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interest of justice so to do, on the application of an appellant or a respondent, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar or before it by any person having the custody or control thereof. Any order of the Court of Criminal Appeal under this rule may be served as in this rule provided.

(3) Service of any order made under this rule shall be personal service, unless the Court of Criminal Appeal otherwise orders, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Police, or may forward the order together with instructions to the Superintendent of Police in charge of the district in which the person is, or is believed to be, in whose custody or under whose control such document, exhibit, or other thing is; and it shall be the duty of the Police or of such Superintendent of Police to carry out any directions of the Registrar under this rule.

18. Judge's notes to be furnished to the Registrar on request

The Registrar shall, where he has received a notice of appeal or a notice of application for leave to appeal under the Act, or a notice of application for extension of time within which under the Act such notices shall be given, or when the President exercises his powers under section 21 of the Act, request the Judge of the Court of trial to furnish him with a certified copy of his notes of the proceedings at the trial, and the Judge shall furnish the same to the Registrar in accordance with the request.

19. Report of Judge of Court of Trial

(1) The Registrar, where he has received a notice of appeal, or a notice of application for leave to appeal under the Act, or a notice of application for extension of time within which under the Act such notices shall be given, or when the President exercises his powers under section 21 of the Act, or whenever it appears to be necessary for the proper determination of any appeal or application, or for the due performance of the duties of the Court of Criminal Appeal may, and whenever in relation to any appeal the Court of Criminal Appeal or a Judge directs him so to do, shall request the Judge of the Court of trial to furnish him with a report in writing, giving his opinion on the case generally or on any point arising on the case of the appellant, and the Judge of the Court of trial shall furnish the same to the Registrar in accordance with the request.

(2) The report of the Judge shall be made to the Court of Criminal Appeal, and, except by leave of the said Court or a Judge, the Registrar shall not furnish to any person any part thereof.

20. Registrar to furnish Judge of Court of Trial with materials for report

Where the Registrar requests the Judge of the Court of trial to furnish a report under these rules, he shall send to the Judge a copy of the notice of appeal, or notice of application for leave to appeal, or notice of application for extension of time within which under the Act such notice shall be given, and of any document therein referred to, or any other document or information which he shall consider material, or which the Court of Criminal Appeal at any time shall direct him to send, or with which such Judge may request to be furnished by the Registrar to enable him to deal in his report with the appellant's case generally or with any point arising thereon.

21. Where fine imposed on conviction to be retained pending appeal

(1) Where a person has, on his conviction, been sentenced to payment of a fine and, in default of payment, to imprisonment, the person lawfully authorised to receive the fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto.

(2) Where the person so sentenced to payment of a fine remains in custody in default of payment of the fine, he shall be considered, for all purposes of the Act or of these rules, to be a person sentenced to imprisonment.

(3) Where a person who has been convicted and sentenced to the payment of a fine, and, in default of payment, to imprisonment, informs the Judge of the Court of trial that he wishes to appeal against his conviction to the Court of Criminal Appeal on grounds of law alone or, with the certificate of the Judge of the Court of trial on any ground specified in section 5(b) of the Act, the Judge may, if he thinks right to do so, order such person forthwith to enter into a recognisance, with or without sureties, in such amount as such Judge thinks fit to prosecute his appeal; and, subject thereto, 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 Criminal Appeal may then order. The recognisances under this rule shall be in the Forms 11 and 12 in the Schedule. A surety becoming duly bound by recognisance under this rule shall be considered to be, for all purposes, and shall have all the powers of, a surety under rule 30.

(4) An appellant who has been sentenced to the payment of a fine and has paid the fine in accordance with the sentence shall, in the event of his appeal being successful, be entitled, subject to any order of the Court of Criminal Appeal, to the return of the sum paid by him.

(5) where an appellant to whom paragraph (3) applies does not, in accordance with these rules, serve a notice of appeal on grounds of law alone, or, with the certificate of the Judge of the Court of trial, on any ground specified in section 5(b) of the Act, within 10 days from the date of his conviction and sentence, the Registrar shall report such omission to the Court of Criminal Appeal, which may, after notice in the Forms 13 and 14 in the Schedule has been given to the appellant and his sureties, if any, estreat their recognisances, issue a warrant for the apprehension of the appellant and commit him to prison in default of payment of his fine, or may make such other order as it thinks fit.

22. Judge's directions as to custody of exhibits

(1) The Judge of the Court of trial may make any order he thinks fit for the custody, disposal, or production of any exhibits in the case, but unless he makes any such order, such exhibits shall remain in the custody of the proper officer of the Court of trial who shall retain such exhibits pending any appeal and shall, on notice from the Registrar or the Director of Public Prosecutions, produce or forward them as and when required so to do.

(2) The proper officer of the Court of trial shall keep a record of any order or direction of the Judge given under paragraph (1).

23. Exhibits to be returned subject to order of Court of Criminal Appeal

On the determination of an appeal, exhibits other than such documents as are usually kept by the proper officer of the Court of trial, shall, subject to any order which the Court of Criminal Appeal may make, be returned to the person who produced them:

Provided that any such exhibit to which section 8 of the Act applies shall not be so returned except under the direction of the Court of Criminal Appeal.

24. Varying order of restitution of property

Where on the trial of a person entitled to appeal under the Act against his conviction, an order of restitution of any property to any person has been made by the Judge of the Court of trial, the person in whose favour or against whom the order of restitution has been made, or any person in whose favour or against whom an order to which rule 25 applies has been made, and, with the leave of the Court of Criminal Appeal, any other person, shall, on the final hearing by the Court of Criminal Appeal of an appeal against the conviction on which such order of restitution was made, be entitled to be heard by the Court of Criminal Appeal before an order under section 8(2) of the Act, annulling or varying such order of restitution is made.

25. Where property or a sample, etc., necessary for purposes of appeal

Where the Judge of the Court of trial is of opinion that the title to any property, the subject of an order of restitution made on a conviction of a person before him, is not in dispute, and is of opinion that such property, or a sample or portion or facsimile representation thereof, may reasonably have to be produced for use at the hearing of an appeal, he shall give such directions to, or impose such terms on, the person in whose favour the order of restitution is made as he shall think fit in order to secure the production of such sample, portion or facsimile representation for use at the hearing of the appeal.

26. Temporary suspension of orders made on conviction, as to money, costs, etc.

(1) Where, on the conviction of a person, the Judge of the Court of trial makes an order condemning such person to the payment of the costs and expenses of the prosecution for the offence of which he shall be convicted, or where the Judge makes, on the conviction of any person before him, any order for the payment of money by such convicted person or by any other person, or any order affecting the rights or property of such convicted person, the operation of any such order shall be suspended until the expiration of 10 days after the day on which the order was made. And where notice of appeal or notice of application for leave to appeal is given within 10 days from and after the date of the verdict against the person or of the recording of his conviction, any such order shall be further suspended until the determination of the appeal against the conviction in relation to which it was made. The Court of Criminal Appeal may, by order, annul any order to which this rule refers on the determination of any appeal under the Act, or may vary such order, and such order, if annulled shall not take effect, and if varied, shall take effect as so varied. The proper officer of the Court of trial shall keep a record of any order to which this rule refers.

(2) Where the Judge of the Court of trial makes an order under paragraph (1) on a person convicted before him, he shall give such directions as he thinks fit as to the retention by any person of any money or valuable securities belonging to the person so convicted and taken from such person on his apprehension, or of any money or valuable securities at the date of his conviction in the possession of the prosecution, for the period of 10 days, or in the event of any appeal, until the determination thereof by the Court of Criminal Appeal. The proper officer of the Court of trial shall keep a record of any directions given under this rule.

(3) Where, on the conviction of a person, any disqualification, forfeiture or disability attaches to the person by reason of the conviction, the disqualification, forfeiture or disability shall not attach for the period of 10 days from the date of the verdict against such person or of the recording of his conviction, nor, in the event of an appeal or application under the Act, until the determination thereof.

(4) Where the Judge of the Court of trial, on the conviction of a person before him, makes an order for the payment of money by that person or by any other person, and the operation of the order would, by reason of this rule, be suspended, the Judge may, if he thinks fit, direct that the operation of the order shall not be suspended unless the person on whom such order has been made shall, in such manner and within such time as the said Judge shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. Such security may be to the satisfaction of the person in whose favour the order for payment shall

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