Eastern Caribbean Supreme Court (Amendment) Act 2005

Link to law: http://laws.gov.ag/acts/2005/a2005-9.pdf

Eastern Caribbean Supreme Court Act 2005
No. 9 of 2005. ANTIGUA
AND

BARBUDA

1The Eastern Caribbean Supreme Court
(Amendment) Act, 2005.

Short title.

Insertion of Part
II A Cap.143

Interpretation
61A.

ANTIGUA AND BARBUDA

No. 9 of 2005
BILL FOR

AN ACT to amend the Eastern Caribbean Supreme Court Act.

[ Published in the Official Gazette Vol. XXV
No. 57 dated 15th September, 2005 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:

1. This Act may be cited as the Eastern Caribbean Supreme
Court. (Amendment) Act, 2005.

2. The Eastern Caribbean Supreme Court Act, in this Act
referred to as “the Principal Act”, is amended by the insertion,
immediately after Part II, of the following Part:

“PART II A — APPEALS BY THE DIRECTOR OF
PUBLIC PROSECUTIONS

In this Part, unless the context otherwise
requires —

“appeal” means an appeal by the Direc-
tor of Public Prosecutions;

“court below” means the court from
which an appeal is brought to the Court
of Appeal;

[ L.S.]

I Assent,

James B. Carlisle,
Governor-General.

13th September, 2005.

No. 9 of 2005.The Eastern Caribbean Supreme Court
(Amendment) Act, 2005.

ANTIGUA
AND

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Cap.117

Cap. 255
Cap. 217

Notice and effect
of appeal by
D.P.P

“judgment” has the same meaning as in
section 50A of the Criminal Procedure
Act;

“respondent” means the person in re-
spect of whom an appeal is brought by
the Director of Public Prosecutions.

61B (1) Where the Director of Public Pros-
ecutions, in pursuance of Part VIII A of the
Magistrate’s Code of Procedure Act or Part VI
A of the Criminal Procedure Act, decides to
appeal to the Court of Appeal against the judg-
ment of a court below, he shall, before the court
discharges the person in respect of whom the
appeal is to the brought, notify the court orally
of his intention to appeal and shall, within four-
teen days after he has so notified the court,
file a notice of appeal and the grounds of ap-
peal in the Court of Appeal.

(2) The Court of Appeal or a Judge of the
court may, on application by the Director of
Public prosecutions, extend the time within
which notice of appeal under subsection (1)
may be filed.

(3) The notification, under subsection (1),
by the Director of Public Prosecutions of his
intention to appeal shall have the effect of sus-
pending the judgment of the court below until
the final determination of the appeal proceed-
ings or the abandonment of the appeal; and,
for the purposes of this subsection, the failure
of the Director of Public Prosecutions to file a
notice of appeal within the period of fourteen
days or such longer period as may be allowed
by the Court shall be treated as an abandon-
ment of the appeal.

61C. Where a respondent is in custody,
whether under an order of imprisonment or any
other order, a Judge of the Court of Appeal
may —

No. 9 of 2005. ANTIGUA
AND

BARBUDA

3The Eastern Caribbean Supreme Court
(Amendment) Act, 2005.

(a) upon an application by the respon-
dent, release him from custody on
such terms and conditions as he
may consider appropriate pending
the determination or abandonment
of the appeal; and

(b) make any other order, either alone
or in addition to a decision under
paragraph (a), as he considers ap-
propriate.

61D (1) In the determination of an appeal
the Court of Appeal shall, subject to this Act
and the rules of court, have all the powers of
the court below.

(2) Without prejudice to the generality of
subsection (1) upon the hearing of an appeal
the Court of Appeal shall —

(a) in the case of an appeal against an
acquittal or the dismissal of a
charge in committal proceedings,
allow the appeal if it appears that
the acquittal or the dismissal of
the charge should be set aside on
the ground of a wrong decision in
law and may order a new trial by
the court below or new committal
proceedings, as the case may be;

(b) in the case of an appeal regarding
the nature or extent of a sentence,
allow the appeal if it appears that
the sentence passed by the court
below is manifestly inadequate or
is wrong in law, and in substitu-
tion, pass such other sentence as
it considers appropriate; or

(c) in any other case, where none of
the grounds referred to in para-
graph (a) or (b) exist, dismiss the
appeal;

Powers of Court
of Appeal.

No. 9 of 2005.The Eastern Caribbean Supreme Court
(Amendment) Act, 2005.

ANTIGUA
AND

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________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric.T. Bennett, Acting Government Printer
— By Authority, 2005.

800—9.05 [ Price $2.25 ]

Passed by the House of Representatives
this 15th day of July, 2005.

D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Acting Clerk to the House of

Representatives.

Passed by the Senate this
11th day of August, 2005.

Hazlyn M. Francis,
President.

Yvonne Henry,
Acting Clerk to the Senate.

Amendment of
Section 50C of
Criminal Proce-
dure Act Cap.117

and may make any other order, either
alone or in addition to a decision under
paragraph (a), (b) or (c), as it considers
proper.

(3) The decision of the Court of Appeal may
be enforced in the same manner as if it had
been made by the court below.

61E The respondent shall, if in custody, be
brought before the court or, if not in custody,
be required by the Court, to attend to hear
judgement delivered except where his atten-
dance is dispensed with by the Court.

3. Section 50C of the Criminal Procedure Act is amended by
the insertion immediately after the figure 50C of the following
words.

“Except as otherwise provided by or under this Act or any
other law,”.

Appearance of
respondent for
judgement.

No. 9 of 2005. ANTIGUA
AND

BARBUDA

5The Eastern Caribbean Supreme Court
(Amendment) Act, 2005.

ANTIGUA AND BARBUDA

THE EASTERN CARIBBEAN SUPREME COURT ACT, 2005

ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Insertion of Part II A

3. Amendment of section 50 C of the Criminal Procedure Act, Cap 117.
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