Criminal Procedure (Amendment) Act 2004

Link to law: http://laws.gov.ag/acts/2004/a2004-14.pdf

No. 14 of 2004. The Criminal Procedure (Amendmept) 1 ANTIGUA
Act, 2004. AND

BARBULL4

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

22ndOctober, 2004.

ANTIGUA AND BARBUDA

No. 14 of 2004

AN ACT to amend the Criminal Procedure Act.

[Published in the Oficial Gazette Vol. XXIVNo. 79
dated the 4th November, 2004 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:

1. (1) This Act may be cited as the Criminal Procedure (Amend- short title and
ment) Act, 2004. application.

(2) This Act shall apply to legal proceedings pending on the
commencement of this Act and legal proceedings instituted on
or after the commencement of this Act.

2. The Criminal Procedure Act is amended by the insertion, insertion of part
immediately after section 50, of the following Part: VI A

Cap. 117.

"PART VI A
APPEALS BY DIRECTOR OF PUBLIC PROSECUTIONS

Interpretation. 50A. In this Part "judgment" includes an
order, a ruling and a final decision of a
Magistrate's court or of the High Court.

ANTIGUA 2 The Criminal Procedure (Amendment) No. 14 of 2004.
AND Act, 2004.

BARBUDA

Appeals by SOB. (1) The Director of Public Prosew-
Director of tions may, subject to subsection (2), appeal
Public
Prosecutions~ to the Court of Appeal from a judgment of

the court which made the judgment, in re-
spect of -

(a) an acquittal or a sentence passed
by a Magistrate's court or the High
Court; or

(b) the dismissal of a charge against
an accused person in committal
proceedings.

(2) An appeal pursuant to subsection
(1) may be made only on the fallowing
grounds:

(a) in the case of an acquittal, on a "
point of law;

(b) in the case of a sentence, on the
nature or extent of the sentence,
or both; and

(c) in the case of the dismissal of a
charge in committal proceedings,
on a point of law.

Procedure, etc. 50C. The law applicable to appeals in
for by criminal proceedings shall apply to the pro-
D.Y.P. cedure and other matters in appeals by the

Director of Public Prosecutions in the same
manner as it applies to an appeal by any
other person, except that the Director shall
not be required to enter into a recognizance
or to provide any other security."

No. 14 af 2200. The Criminal Procedure (Amendment) 3 ANTIGUA
Act, 2004. AND

BARBUDA

Passed the House of Representatives this Passed the Senate this 7th day
23rd day of September, 2004. of October, 2004.

D. Giselle Isaac-Arrindel,
Speaker.

Edmond A. Mansoor,
President.

Y.Henry, Y.Henry,
Acting Clerk to the Home of Representatives. Acting Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda
by Walter A. Massiah, Government Printer

-By Authority, 2004.
800--11.04 [Price $1.901
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