Eastern Caribbean Supreme Court Act

Link to law: http://laws.gov.ag/acts/chapters/cap-143.pdf
Published: 1970

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Eastern Caribbean Supreme Court (CAP. 143 1

CHAPTER 143

THE EASTERN CARIBBEAN SUPREME COURT ACT

Arrangement of Sections
Section

Preliminary

1. Short title.
2. Interpretation.
3 . Reference to Supreme Court to be deemed a reference

to the High Court.
4. How Supreme Court Judges are to be addressed.
5. Constitution of the Court.

PART I - THE HIGH COURT

6. Jurisdiction of former Supreme Court vested in High
Court.

7. Jurisdiction of High Court.
8. Jurisdiction of High Court in Admiralty.
9. Practice in Bankruptcy.

10. Practice in criminal proceedings.
11. Practice in Civil Proceedings and in Probate, Divorce

and Matrimonial Causes.
12. Jurisdiction of single judge.
13. Law and equity to be concurrently administered.
14. Equities of the plaintiff.
15. Equitable defences.
16. Counterclaim and third parties.
17. Equities appearing incidentally.
18. Defence or stay instead of injunction or prohibition.
19. Common law and statutory rights and duties.
20. Determination of matters completely and finally.
2 1. Rules of equity to prevail.
22. Declaratory order.
23. Mode of trial.
24. Granting of mandamus, etc.

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25. Execution of instruments by order of court.
26. Restrictions or institution of vexatious actions.
27. Courts may award interest on debts and damages.

PART I1 - THE COURT OF APPEAL

28. Jurisdiction vested in Court of Appeal.
29. Practice and procedure in the Court of Appeal.
30. Appeals from Magistrate's Courts.

31. Appeals from High Court in Civil Matters.
32. Judge of the High Court may hear and determine certain

applications.
33. Powers of Court of Appeal on hearing an appeal.
34. Supplementary Powers of Court of Appeal.
35. Power of Court of Appeal as to new trials.
36. Wrong rulings as to sufficiency of stamps.

37. Appeals from High Court in its Admiralty jurisdiction.

38. Criminal appeals from High Court.
39. Right of appeal in criminal cases.
40. Determination of appeals in certain cases.
41. Powers of court in special cases.
42. Supplementary provisions where appeal against special

verdict allowed.
43. Re-vesting and restitution of property on conviction.
44. Supplementary powers of Court of Appeal.
45. Duty to admit fresh evidence.
46. Admission of appellant to bail and custody when

attending court.
47. Computation of sentence.
48. Time for appealing.
49. Stay of execution.
50. Judge's notes and report to be furnished on appeal.
5 1. Legal assistance to appellant.
52. Right of appellant to be present.
53. Costs of appeal.

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Eastern Caribbean Supreme Court (CAP. 143 3

54. Duties of Registrar with respect to notices of appeals, etc.
55. Shorthand notes, etc.
56. Powers which may be exercised by a Judge of the Court.
57. Case stated or questions of law reserved.
58. Provisions of this Act applicable to proceedings under

section 57.
59. Prerogative of mercy.
60. Criminal Information.

61. Appeals from order in contempt proceedings.

PART I11 - OFFICERS OF THE COURT
62. Present Officers of court.
63. Registrar.
64. Taxation of costs.
65. Hours of business.
66. Bailiffs.
67. Registrar, clerks, and bailiffs not to advise litigants.
68. Misconduct of officers of court.

PART IV - BARRISTERS AND SOLICITORS
69. Existing Practitioners.
70. Admission of barrister and solicitor.
71. Enrolment of barristers and solicitors.
72. Barristers practising as solicitors.
73. Queen's Counsel.
74. Solicitors and Commissioners for Oaths are officers of

the Court.
75. Barristers and solicitors may be suspended or struck off

roll.
76. Unauthorised persons drawing legal documents.
77. Law relating to solicitors, taxation and recovery of costs.
78. Ex-officio Barristers.

PART V - WITNESSES
79. Disobedience to subpoena.
80. Witness expenses in criminal proceedings.
8 1. Persons present at proceedings in Court may be ordered

to give evidence.

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-

PART VI - MISCELLANEOUS
82. Sittings of the Courts.
83. Interlocutory applications.
84. Expenses in criminal proceedings.
85. Remission or reduction of fines.
86. Rules of Court.
87. Saving of procedure.
88. Pending proceedings.

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Eastern Caribbean Supreme Court (CAP. 143 5

EASTERN CARIBBEAN SUPREME COURT

(1st January, 1970.)

PRELIMINARY

1. This Act may be cited as the Eastern Caribbean Short title.
Supreme Court Act.

2. In this Act, unless the context otherwise requires, Infer~retation.
the following expressions have the meaning hereby assigned
to them respectively, that is to say:- -

"action" means a civil proceeding commenced by writ
or in such other manner as may be prescribed by
rules of court, but does not include a criminal pro-
ceeding by the Crown;

6 ' cause" includes any action, suit or other original
proceeding between a plaintiff and defendant, and
any criminal proceeding by the Crown;

"Chief Justice" means the Chief Justice of the Eastern
Caribbean Supreme Court;

"Chief Registrar" means the Chief Registrar of the
Supreme Court constituted under the Courts
Order;

"Court" or "Supreme Court" means the Eastern
Caribbean Supreme Court established by the
Courts Order;

"Court of Appeal" means the Court of Appeal con-
stituted under the Courts Order;

"Courts Order" means the Supreme Court Order; s.1. 1967,
No. 223.

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6 CAP. 143) Eastern Caribbean Supreme Court

"defendant" includes any person served with any writ
of summons or process, or served with notice of,
or entitled to attend, any proceedings;

"former British Caribbean Court of Appeal" means the
British Caribbean Court of Appeal in existence
immediately before the prescribed date;

"former Court of Appeal" means the Court of Appeal
of the Windward Islands and Leeward Islands in
existence immediately before the prescribed date;

'6 former Supreme Court" means the Supreme Court
of the Windward Islands and Leeward Islands in
existence immediately before the prescribed date;

"High Court" means the High Court of Justice
established by the Courts Order;

"judgment7' includes decree;

"Justice of Appeal" means a Judge of the Court of
Appeal other than the Chief Justice;

' 6 matrimonial cause" means any action for divorce,
nullity of marriage, judicial separation, jactitation
of marriage or restitution of conjugal rights;

6' matter" includes every proceeding in court not in a
cause;

"order" includes decision and rule;

"party" includes every person served with notice of or
attending any proceeding, although not named on
the record;

"petitioner" includes every person making an applica-
tion to the court, either by petition, motion or
summons, otherwise than as against any defendant;

"plaintiff' includes every person asking any relief
(otherwise than by way of counterclaim as a
defendant) against any other person by any form

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Eastern Caribbean Supreme Court (CAP. 143 7

of proceeding, whether the proceeding is by action,
suit, petition, motion, summons or otherwise;

"pleading" includes any petition or summons, and also
includes the statements in writing of the claim or
demand of any plaintiff, and of the defence of any
defendant thereto, and of the reply of the plaintiff
to any counterclaim of the defendant;

"prescribed date" means the date prescribed by the
Chief Justice under subsection (2) of section 1 of
the Courts Order, namely, the 24th day of April,
1967;

"proceeding" includes action, cause or matter;

"Puisne Judge" means a Judge of the High Court, other
than the Chief Justice;

"Registrar" means the Registrar of the High Court;

"rules of court" includes forms;

"solicitor" means solicitor of the Supreme Court;

"suit" includes action;

"verdict" includes the findings of a jury and the decision
of the judge.

3. (1) Where in any Act or other law in force prior Reference to
Supreme Court

to the prescribed date reference is made to the Supreme Court to be deemed a
in the exercise of its jurisdiction and powers, or to a Judge reference to the

High Court.
of the Supreme Court, that reference shall be deemed to be
a reference to the High Court or to a Judge of the High
Court as the case may be.

(2) Where in any Act or other law in force prior to the
prescribed date reference is made to the Court of Appeal
that reference shall, unless the context otherwise requires,
be deemed to be a reference to the Court of Appeal con-
stituted under the Courts Order.

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8 CAP. 143) Eastern Caribbean Supreme Court

(3) Where in any Act or other law in force prior to the
prescribed date reference is made to the British Caribbean
Court of Appeal that reference shall, unless the context other-
wise requires, be deemed to be a reference to the Court of
Appeal.

(4) Any act done or proceedings taken in respect of any
cause or matter whatsoever in the former Supreme Court
or before a Judge thereof prior to the prescribed date shall
have effect after the prescribed date as if it had been done
or taken in the High Court or before a Judge thereof.

How Supreme
Court Judges are

4. A11 Judges of the Supreme Court shall be addressed
to be addressed. in the manner customary in addressing the iudges of the

former Supreme Court immediately before the prescribed
date.

Constitution of
the Court.

5 . Subject to the provisions of subsection (3) of
section 17 of the Courts Order and of rules of court, the
Court of Appeal and the High Court for the exercise of the
jurisdiction conferred upon them respectively shall be con-
stituted in such manner as the Chief Justice may direct.

PART I - THE HIGH COURT

Jurisdiction of
former Supreme

6. (1) There shall be vested in the High Court all
court vested in jurisdiction which was vested in the former Supreme Court
High Court. by the Supreme Court Act or by any Act of Parliament or

any other law for the time being in force in Antigua and
Barbuda and such jurisdiction shall include-

(i) the jurisdiction which was vested in or capable
of being exercised by all or any one or more
of the judges of the former Supreme Court
sitting in Court or Chambers or elsewhere
when acting as judges or a judge pursuant to
any Order in Council, Act, or any other law
for the time being in force in Antigua and
Barbuda;

(ii) all the powers given to the former Supreme
Court or to any judge or judges thereof by any
Act or any other law for the time being in force
in Antigua and Barbuda;

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Eastern Caribbean Supreme Court (CAP. 143 9

(iii) all ministerial powers, duties and authorities
incidental to any and every part of that
jurisdiction.

7. (1) The High Court shall have and exercise within c;i;dE:;~.~f
Antigua and Barbuda all such jurisdiction save and except
the jurisdiction in Admiralty and the same powers and
authorities incidental to such jurisdictions as on the first day
of January, 1940 were vested in the High Court of Justice
in England.

(2) The High Court shall have and may exercise in
relation to the persons and estates of idiots, lunatics and
persons of unsound mind in Antigua and Barbuda, the
jurisdiction which was exercised in England by the Lord
Chancellor for the time being entrusted b i the sign manual
of Her Majesty, with the care and commitment of such per-
sons and estates under the Lunacy Act, 1890, of the : 54 Vict.
Parliament of the United Kingdom.

8. (1) The High Court shall have and exercise all such Jurisdiction of
the High Court jurisdiction in Admiralty and the same powers and authorities in Admiralty.

incidental to such jurisdiction as immediately before the
prescribed date were vested in the former Supreme Court.

(2) Sections 1, 3, 4, 6, 7, and 8 of Part I of The
Administration of Justice Act, 1956 (Imperial) as adapted 19569 c h . 46.
and modified by the First and Second Schedules to the
Admiralty Jurisdiction (Antigua) Order, 1964 shall apply k: tzg:
to such jurisdiction and powers and authorities incidental
thereto, and any reference to the Supreme Court of the
Windward Islands and Leeward Islands in the said Order
shall be deemed to be a reference to the High Court.

9. The jurisdiction of the High Court in Bankruptcy : ~ ~ ~ p ~ ~ y .
shall be exercised in accordance with the provisions of the cap. 41.
Bankrupty Act and any rules made thereunder.

10. The jurisdiction of the High Court in all criminal Ez:i~~~~
proceedings shall be exercised in accordance with the proceedings.
Criminal Procedure Act and any other law in force in Antigua l17.
and Barbuda.

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Practice in Civil
Proceedings and
in Probate,
Divorce and
Matrimonial
causes.

Jurisdiction of
single Judge.

Law and equity
to be
concurrently
administered.

Equities of the
plaintiff.

Equitable
defences.

CAP. 143) Eastern Caribbean Supreme Court

1 . The jurisdiction vested in the High Court in Civil
proceedings, and in Probate, Divorce and Matrimonial
causes, shall be exercised in accordance with the provisions
of this Act and any other law in operation in Antigua and
Barbuda and rules of court, and where no special provision
is therein contained such jurisdiction shall be exercised as
nearly as may be in conformity with the law and practice
administered for the time being in the High Court of Justice
in England.

12. Any judge of the High Court may in accordance
with rules of court, or so far as such rules shall not provide,
in accordance with the practice and procedure which shall
for the time being be in force in the High Court of Justice
in England, exercise, in Court or in Chambers, all or any
of the jurisdiction vested in the High Court.

13. Subject to the express provisions of any other law,
in every civil cause or matter commenced in the High Court,
law and equity shall be administered by the High Court and
the Court of Appeal, as the case may be, according to the
provisions of the seven sections next following.

14. If a plaintiff or petitioner claims to be entitled
to any equitable estate or rights or to relief on any equitable
ground against any deed instrument or contract or against
any right, title or claims whatsoever asserted by the defendant
or respondent in the cause or matter, or to any relief founded
upon a legal right which before the 1st day of November,
1875, could in England only have been given by a court
of equity, the court or judge shall give to the plaintiff or
petitioner the same relief as would be given by the High
Court of Justice in England in a suit or proceeding for the
same or a like purpose.

15. If a defendant claims to be entitled to any
equitable estate or right, or to relief upon any equitable
ground against any deed instrument or contract or against
any right, title or claim asserted by any plaintiff or petitioner
in the cause or matter or alleges any ground of equitable
defence to any such claim of the plaintiff or petitioner, the
court or judge shall give to every equitable estate, right or
ground of relief so claimed, and to every equitable defence
such and the same effect by way of defence against the claim

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Eastern Caribbean Supreme Court (CAP. 143 11

of the plaintiff or petitioner as the High Court of Justice
in England would give if the like matters had been relied
on by way of defence in any suit or proceeding instituted
in that Court for the like purpose.

16. ( 1 ) The court or judge shall have power to grant Counterclaim and
third parties.

to any defendant in respect of any equitable estate or right
or other matter of equity and also in respect of any legal
estate, right or title claimed or asserted by him-

(a ) all such relief against any plaintiff or petitioner
as the defendant has properly claimed by his pleading,
and as the court or judge might have granted in any
suit instituted for that purpose by that defendant against
the same plaintiff or petitioner; and

( b ) all such relief relating to or connected with the
original subject of the cause or matter, claimed in like
manner against any other person, whether already a
party to the cause or matter or not, who has been duly
served with notice in writing of the claim pursuant to
rules of court or any order of the court, as might properly
have been granted against that person if he had been
made a defendant to a cause duly instituted by the same
defendant for the like purpose.

(2) Every person served with any such notice as
aforesaid shall thenceforth be deemed a party to the cause
or matter with the same rights in respect of his defence against
the claim as if he had been duly sued in the ordinary way
by the defendant.

17. The Court or judge shall take notice of all Equitiys
appeanng

equitable estates, titles and rights and all equitable duties incidentally.
and liabilities appearing incidentally in the course of any
cause or matter in the same manner in which the High Court
of Justice in England would recognise and take notice of the
same in any suit or proceeding duly instituted therein.

18. NO cause or proceeding at any time pending in Defence or stay
instead of

the High Court or in the Court of Appeal shall be restrained ;nju,ction
by prohibition or injunction but every matter of equity on prohibition.
which an injunction against the prosecution of any such cause
or proceeding might formerly have been obtained whether
unconditionally or on any terms or conditions, may be relied

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12 CAP. 143) Eastern Caribbean Supreme Court

on by way of defence thereto:
Provided that-

( a ) nothing in this Act shall disable the High Court
or the Court of Appeal, if it thinks fit so to do, from
directing a stay of proceedings in any cause or matter
pending before it; and

( b ) any person, whether a party or not to any such
cause or matter who would formerly have been entitled
to apply to any court to restrain the prosecution thereof,
or who may be entitled to enforce, by attachment or
otherwise, any judgment, decree, rule or order, in
contravention of which all or any part of the proceedings
in the cause or matter have been taken, may apply to
the High Court or to the Court of Appeal, as the case
may be, by motion in a summary way, for a stay of
proceedings in the cause or matter, either generally, or
so far as may be necessary for the purposes of justice,
and the court shall thereupon make such order as shall
be just.

Common law and
statutory rishts

19. Subject to the provisions of this Act for giving
and duties. effect to equitable rights and other matters of equity, the

High Court and the Court of Appeal and each judge thereof
shall recognise and give effect to all legal claims and demands,
and all estates, titles, rights, duties, obligations and liabilities
existing by the common law or by any custom, or created
by any statute, in the same manner as these matters have
hitherto been recognised and given effect to.

Determination of
matters

20. The High Court and the Court of Appeal respec-
completely and tively in the exercise of the jurisdiction vested in them by
finally. this Act shall in every cause or matter pending before the

Court grant either absolutely or on such terms and conditions
as the court think just, all such remedies whatsoever as any
of the parties thereto may appear to be entitled to in respect
of any legal or equitable claim or matter so that, as far as
possible, all matters in controversy between the parties may
be completely and finally determined, and all multiplicity
of legal proceedings concerning any of these matters avoided.

Rules of equity
to prevail. 21. In all matters in which there was formerly or is

any conflict or variance between the rules of equity and the

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Eastern Caribbean Supreme Court (CAP. 143 13

rules of common law with reference to the same matter the
rules of equity shall prevail.

22. No action shall be open to objection on the ground *i@rato~y
unicr. that a merely declaratory decree or order is sought.

23. (1) Subject as hereinafter provided, any action M d e "f trial.
to be tried before the High Court, may in the discretion of
the court or a judge, be ordered to be tried with or without
a jury:

Provided that the mode of trial shall be by a judge
without a jury unless upon the application of any party to
the action, a trial with a jury is ordered.

(2) Any party to the action may within ten days after
the action has been set down for trial apply to have the action
tried with a jury, and if the court or a judge is satisfied that-

( a ) a charge of fraud against the party; or

(6) a claim in respect of libel, slander, malicious
prosecution, false imprisonment, seduction or breach
of promise of marriage,

is in issue, the action shall be ordered to be tried with a
jury unless the court or a judge is of opinion that the trial
thereof requires any prolonged examination of documents
or accounts or any specific or local investigation which can-
not conveniently be made with a jury; but, save as aforesaid,
the granting of a jury shall in every case be discretionary,

(3) The provisions of this section shall be without
prejudice to the power of the High Court or a judge to order,
in accordance with rules of court, that different questions
of fact arising in any action be tried by different modes of
trial, and where any such order is made the provisions of
this section requiring trial with a jury in certain cases shall
have effect only as respects questions relating to any such
charges or claim as aforesaid.

(4) For the purposes of this section the expression
"action" means a civil proceeding commenced by writ or
in such other manner as may be prescribed by rules of court
but does not include a criminal proceeding by the Crown.

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Granting of
mandamus etc. 24. (1) A mandamus or an injunction may be granted

or a receiver appointed by an interlocutory order of the High
Court or of a judge thereof in all cases in which it appears
to the Court or Judge to be just or convenient that the order
should be made and any such order may be made either
unconditionally or upon such terms and conditions as the
court or judge thinks just.

(2) If an injunction is prayed for, either before or at,
or after the hearing of a cause or matter to prevent a
threatened or apprehended waste or trespass the injunction
may be granted if the High Court or a Judge of the High
Court thinks fit:-

(a) whether the person against whom the injunc-
tion is sought-

(i) is or is not in possession under a claim or title
or otherwise; or

(ii) if out of possession, does or does not claim
under any colour of title a right to do the act
sought to be restrained; and

(6) whether the estates claimed by both or by either
of the parties are legal or equitable.

Execution of
instruments by 25. Where any person neglects or refuses to comply
order of court. with a judgment or order directing him to execute any

conveyance, contract or other document, or to endorse any
negotiable instrument, the High Court may on such terms
and conditions, if any, as may be just, order that the con-
veyance, contract or other documents shall be executed or
that the negotiable instrument shall be endorsed by such
person as the High Court may nominate for that purpose
and a conveyance contract, document or instrument so
executed or endorsed shall operate and be for all purposes
available as if it had been executed or endorsed by the person
originally directed to execute or endorse it.

Restrictions on
institution of

26. (1) If, on an application made by the Attorney-
vexatious actions. General under this section to the High Court, the High Court

is satisfied that any person has habitually and persistently
and without reasonable ground instituted vexatious legal
proceedings, whether in the Court of Appeal, the High Court,
the Court of Summary Jurisdiction, or in a Magistrate's

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Eastern Caribbean Supreme Court (CAP. 143 15

Court and whether against the same person or against
different persons, the High Court may, after hearing the
person or giving him an opportunity of being heard, order
that no legal proceedings shall without leave of the High
Court or a judge thereof be instituted by him in any court
and that any legal proceedings instituted by him in any court
before the making of the order shall not be continued by
him without such leave, and such leave shall not be given
unless the High Court is satisfied that the proceedings are
not an abuse of the process of the court and that there is
prima facie ground for the proceedings.

(2) If the person against whom an order is sought under
this section is unable on account of povery to retain counsel,
the High Court shall assign counsel to him.

(3) A copy of any order under this section shall be
published in the Gazette within thirty days after the date
thereof.

27. In any proceedings for the recovery of any debt Court8
award interest on

or damages, in the High Court or the Court of Appeal, the debts and
court may, if it thinks fit, order that there shall be included damages.
in the sum for which judgment is given interest at such rate
as it thinks fit on the whole or any part of the debt or damages
for the whole or any part of the period between the date
when the cause of action arose and the date of the judgment,
but nothing in this section-

( a ) shall authorise the giving of interest upon
interest; or

( 6 ) shall apply in relation to any debt upon which
interest is payable as of right whether by virtue or any
agreement or otherwise; or

( c ) shall affect the damages recoverable for the
dishonour of a bill of exchange.

PART I1 - THE COURT O F APPEAL

28. Subject to the provisions of this Act, there shall J uridictioa
vettad la ieeourr

be vested in the Court of Appeal- sf Appeal.

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16 CAP. 143) Eastern Caribbean Supreme Court

(a) the jurisdiction and powers which at the
prescribed date were vested in the former Court of
Appeal;

(6) the jurisdiction and powers which at the
prescribed date were vested in the British Caribbean
Court of Appeal;

(c) such other jurisdiction and powers as may be
conferred upon it by this Act or any other law.

Practicc and
proccdurc in the 29. The jurisdiction of the Court of Appeal so far
Court of Appeal. as it concerns practice and procedure in relation to appeals

from the ~ i ~ h - Court shall be exercised in accordanck-with
the provisions of this Act and rules of court and where no
special provisions are contained in this Act or rules of court
such jurisdiction so far as concerns practice and procedure
in relation to appeals from the High Court shall be exercised
as nearly as may be in conformity with the law and practice
for the time being in force in England-

(a) in relation to criminal matters, in the Court
of Appeal (Criminal Division);

(b) in relation to civil matters in the Court of Ap-
peal (Civil Division).

Appcals from
Magistrate's 30. (1) Subject to the provisions of the Magistrate's
Courts. Code of Procedure Act or any other enactment regulating
Cap. 255. appeals from Magistrate's ~ o h r t s and to rules of court, an

appeal shall lie to the Court of Appeal from any judgment,
decree, sentence or order of a magistrate in all proceedings.

(2) The time within which notice of appeal may be gven
or any bond or security entered into or grounds of appeal
filed in relation to appeals under this section may be ex-
tended at any time by the Court.

CIVIL APPEALS FROM HIGH COURT

Appeals from
High Court in

3 1. (1) Subject to the provisions of this Act or any
c i v i l M ~ ~ ~ ~ ~ ~ . other enactment-

(a) the Court of Appeal shall have jurisdiction to
hear and determine any matter arising in any civil
proceedings upon a case stated or upon a question of

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Eastern Caribbean Supreme Court (CAP. 143 17

law reserved by the High Court or by a Judge thereof
pursuant to any power conferred in that behalf by a
law in operation in Antigua and Barbuda;

(b) an appeal shall lie to the Court of Appeal, and
the Court of Appeal shall have jurisdiction to hear and
determine the appeal, from any judgment or order of
the High Court and for the purposes of, and incidental
to, the hearing and determination of any appeal and
the amendment, execution and enforcement of any judg-
ment or order made thereon, the Court of Appeal shall
have all the powers, authority and jurisdiction of the
High Court.

(2) No appeal shall lie under this section-

(a) from any order made in any criminal cause or
matter;

(b) from an order allowing an extension of time
for appealing from a judgment or order;

(c) from an order of a Judge giving unconditional
leave to defend an action;

(4 from a decision of the High Court or of any
Judge thereof where it is provided by any law that such
decision is to be final;

(e) from an order absolute for the dissolution or
nullity of a marriage in favour of any party who having
had time and opportunity to appeal from the decree nisi
on which the order was founded, has not appealed from
that decree, except upon some point which would not
have been available to such party on such appeal;

(f) without the leave of the Judge making the order
or of the Court of Appeal from an order made with the
consent of the parties or as to costs where such costs
by law are left to the discretion of the court;

@) without the leave of the Judge or of the Court
of Appeal from any interlocutory judgment or any
interlocutory order given or made by a Judge except-

(i) where the liberty of the subject or the custody
of infants is concerned;

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18 CAP. 143) Eastern Caribbean Supreme Court

(ii) where an injunction or the appointment of a
receiver is granted or refused;

(iii) in the case of a decree nisi in a matrimonial
cause or a judgment or order in an admiralty
action determining liability;

(iv) in such other cases, to be prescribed, as are
in the opinion of the authority having power
to make rules of court of the nature of final
decisions.

(3) For the purposes of subsection (2) "Judge" means
Judge of the High Court.

Judge of the
High Court may

32. Where an appeal has been brought under the
hear and provisions of the foregoing section and is pending in the Court
determine certain of Appeal a judge of the High Court may hear and deter-
appllcatlons.

mine such applications incidental to the appeal and not
involving the decision thereof as may be prescribed by rules
of court; but an order made on any such application may
be discharged or varied by the Court of Appeal.

Powers of Court
of Appeal on

33. (1) On the hearing of an appeal from any order
hearing an of the High Court in any civil cause or matter, the Court
appeal. of Appeal shall have power to-

(a) confirm, vary, amend or set aside the order or
make such order as the High Court might have made,
or to make any order which ought to have been made,
and to make such further or other order as the nature
of the case may require;

(6) draw inferences of fact;

(c) direct the High Court to enquire into and certify
its findings on any question which the Court of Appeal
thinks fit to be determined before final judgment in the
appeal.

(2) The powers of the Court of Appeal under this section
may be exercised notwithstanding that no notice of appeal
or respondent's notice has been given in respect of any
particular part of the decision of the High Court by any
particular party to the proceedings in Court or that any

LAWS OF ANTIGUA A N D BARBUDA

Eastern Caribbean Supreme Court (CAP. 143 19

ground for allowing the appeal or for affirming or varying
the decision of that Court is not specified in such notice;
and the Court of Appeal may make any order in such terms
as the Court of Appeal thinks just to ensure the determina-
tion on the merits of the real question in controversy between
the parties.

(3) The powers of the Court of Appeal in respect of
an appeal shall not be restricted by reason of any interlocutory
order from which there has been no appeal.

(4) The Court of Appeal may make such order as to
the whole or any part of the costs of an appeal as may be
just, and may, in special circumstances, order that such
security shall be given for the costs of an appeal as may be
just.

34. For the purposes of an appeal in any civil cause Supplementa~
powers of Court

or matter, the Court of Appeal may, if it thinks it necessary Appeal.
or expedient in the interests of justice-

( a ) order the production of any document, exhibit
or other thing connected with the proceedings, the
production of which appears to it necessary for the deter-
mination of the cause:

Provided that no person be compelled to produce
under any such order any writing or other document
which he could not have been compelled to produce at
the hearing or trial;

( b ) order any witnesses who would have been
compellable witnesses at the trial to attend and be
examined before the Court of Appeal whether they were
or were not called at the trial, or order the examination
of any such witnesses to be conducted in manner
provided by rules of court before any judge of the Court
of Appeal or before any officer of the Court of Appeal
or other person appointed by the court for the purpose,
and allow the admission of any deposition so taken as
evidence before the Court;

(6) receive the evidence, if tendered, of any witness
including the appellant who is a competent but not a
compellable witness and, if application is made for the
purpose of the husband or wife of the appellant, in cases

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2 0 CAP. 143) Eastern Caribbean Supreme Court

where the evidence of the husband or wife could not
have been given at the trial except on such application;

(d) where any question arising in the appeal
involves prolonged examination of documents or
accounts, or any scientific or local investigation, which
cannot, in the opinion of the Court, conveniently be
conducted before the Court of Appeal, order the
reference of the question in manner provided by rules
of court for inquiry and report to a special commissioner
appointed by the Court, and act upon the report of any
such commissioner as far as it thinks fit to adopt it; and

( e ) appoint any person with special expert
knowledge to act as assessor in an advisory capacity to
the court in any case where it appears to the Court that
such special knowledge is required for the proper deter-
mination of the case.

Power of Court
of Appeal as to 35. (1) Subject to the provisions of this section, on
new trials. the hearing of an appeal in any civil cause or matter the

Court of ~ i ~ e a l shaii, if it appears to the Court that a new
trial should be held, have power to set aside the order
appealed against and order that a new trial be held.

( 2 ) O n the hearing of an appeal in any civil cause or
matter, the following provisions shall apply-

( a ) a new trial shall not be ordered on the ground
of misdirection, or of the improper admission or rejection
of evidence unless in the opinion of the Court of Appeal
some substantial wrong or miscarriage has been thereby
occasioned;

( 6 ) a new trial may be ordered on any question
without interfering with the finding or decision upon
any other question; and if it appears to the Court of
Appeal that any such wrong or miscarriage as is men-
tioned in sub-paragraph (a ) of this paragraph affects part
only of the matter in controversy or one or some only
of the parties, the Court may order a new trial as to
that part only, or as to that party or those parties only
and give final judgment as to the remainder.

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Eastern Caribbean Supreme Court (CAP. 143 2 1

(3) O n the hearing of an appeal from an order made
in any action tried with a jury the following provisions shall
apply -

(a) The Court of Appeal may, if it thinks fit, make
any such order as could be made in pursuance of an
application for a new trial or to set aside a verdict,
finding or judgment of the court below;

(b) a new trial shall not be ordered because the
verdict of the jury was not taken upon a question which
the judge at the trial was not asked to leave to them
unless in the opinion of the Court of Appeal some
substantial wrong or miscarriage has been thereby
occasioned;

(c) in any case where the Court of Appeal has
power to order a new trial on the ground that damages
awarded by a jury are excessive or inadequate, the Court
may, in lieu of ordering a new trial-

(i) with the consent of all parties concerned,
substitute for the sum awarded by the jury such
sum as appears to the Court to be proper;

(ii) with die consent of the party entitled to receive
or liable to pay the damages, as the case may
be, reduce or increase the sum awarded by
the jury by such amount as appears to the
Court to be proper in respect of any distinct
head of damages erroneously included in or
excluded from the sum so awarded,

but except as aforesaid the Court of Appeal shall not
have power to reduce or increase damages awarded by
a jury.

36. The Court of Appeal shall not grant a new trial r;;f.;.z;$
or reverse any judgment by reason of the ruling of any court ,tamps.
that the stamp upon any document is sufficient or that the
document does not require a stamp.

37. Judgments of the High Court in exercise of its $;%ot;mn its
jurisdiction in Admiralty shall be subject to the like appeal *drniralty
to the Court of Appeal in exercise of its civil jurisdiction, jurisdiction.

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2 2 CAP. 143) Eastern Caribbean Supreme Court

and the Court of Appeal shall for the purpose thereof possess
all the jurisdiction in Admiralty conferred upon the High
Court.

Criminal Appeals 38. (1) In sections 39 to 6 0 of this Act unless the
from High
Court. context otherwise requires-

"appeal" means an appeal by a person convicted upon
indictment;

"appellant" includes a person who has been convicted
and desires to appeal under this Part of this Act;

< < sentence" includes any order of the Court made on
conviction or in relation to the person convicted
or his wife or children and any recommendation
of the convicting court as to the making of a
deportation order in the case of a person convicted,
and the power of the Court of Appeal to pass a
sentence includes a power to make any such order
or recommendation as the convicting court might
have made and a recommendation so made by the
Court of Appeal shall have the same effect for the
purposes of any law under which such recom-
mendation is permitted to be made, as the certificate
and recommendation of the convicting court.

( 2 ) In this section and in sections 3 9 , 40 , 4 8 , 5 0 , 5 4
( 2 ) , 55 ( I ) , 57 ( I ) , 59 and 6 0 references to a person being
convicted shall include references to his being the subject

Cap. 117. of a special verdict under section 53 of the Criminal Pro-
cedure Act.

Right of Appeal
in criminal cases.

39. A person convicted on indictment may appeal
under this Act to the Court of Appeal-

( a ) against his conviction on any ground of appeal
which involves a question of law alone; and

( 6 ) with the leave of the Court of Appeal or upon
the certificate of the Judge who tried him that it is a
fit case for appeal against his conviction on any ground
of appeal which involves a question of fact alone, or

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Eastern Caribbean Supreme Court (CAP. 143 2 3

a question of mixed law and fact, or any other ground
which appears to the court to be a sufficient ground of
appeal; and

(c) with the leave of the Court of Appeal against
the sentence passed on his conviction, unless the sentence
is one fixed by law.

40. (1) The Court of Appeal on any such appeal :;~z;;tion of
against conviction shall subject as hereinafter provided allow
the appeal if it thinks that the verdict of the jury should be
set aside on the ground that it is unsafe or unsatisfactory
or that the judgment of the court before whom the appellant
was convicted should be set aside on the ground of a wrong
decision of any question of law or that there was a material
irregularity in the course of the trial and in any other case
shall dismiss the appeal:

Provided that the court may, notwithstanding that it
is of the opinion that the point raised in the appeal might
be decided in favour of the appellant, dismiss the appeal if
it considers that no miscarriage of justice has actually
occurred.

(2) Subject to the provisions of this Act the Court of
Appeal shall, if it allows an appeal against conviction, quash
the conviction, and direct a judgment and verdict of acquittal
to be entered, or, if the interests of justice so require, order
a new trial.

( 3 ) Where apart from this subsection-

( a ) an appeal against a special verdict under sec-
tion 5 3 of the Criminal Procedure Act would fall to be Cap. 117.
allowed, and

( b ) none of the grounds for allowing it relates to
the question of the insanity of the accused,

the Court of Appeal may dismiss the appeal if of the opinion
that but for the insanity of the accused the proper verdict
would have been that he was guilty of an offence other than
the offence charged.

(4) O n an appeal against sentence the Court of Appeal
shall, if it thinks that a different sentence should have been
passed, quash the sentence passed at the trial, and pass such

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24 CAP. 143) Eastern Caribbean Supreme Court

Cap. 255

other sentence warranted in law by the verdict (whether more
or less severe) in substitution therefor, as it thinks ought to
have been passed, and in any other case shall dismiss the
appeal.

(5) (i) An appellant who is to be retried for an offence
in pursuance of an order under this section
shall be tried upon a fresh indictment prefer-
red by the direction of the Court of Appeal.

(ii) The Court of Appeal may, upon ordering a
retrial, make such orders as appear to the court
to be necessary or expedient for the custody
or admission to bail of the appellant pending
the retrial, or for the retention pending the
retrial of any property, or money forfeited,
restored or paid by virtue of the original con-
viction or any order made on that conviction.

(iii) O n a retrial ordered under this section, sec-
tion 197 of the Magistrate's Code of Procedure
Act (reading of depositions) shall not apply to
the depositions of any person who gave
evidence at the original trial; but a transcript
of the shorthand notes or where there are no
shorthand notes, of the Judge's notes, of the
evidence given by any witness at the original
trial may, with the leave of the judge, be read
as evidence-

(a) by agreement between the prosecution
and the defence; or

(6) if the judge is satisfied that the witness
is dead or unfit to give evidence or to
attend for that purpose, or is absent from
Antigua and Barbuda, or that all
reasonable efforts to find him or secure
his attendance have been made without
success;

and in either case may be so read without
further proof if verified in accordance with
rules of court.

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Eastern Caribbean Supreme Court (CAP. 143 2 5

4 1. (1) If it appears to the Coun of Appeal that an p;;::i: "
appellant though not properly convicted, on some count or
part of the indictment, has been properly convicted on some
other count or part of the indictment, the Court of Appeal
may either affirm the sentence passed on the appellant at
the trial, or pass such sentence in substitution therefor as
it thinks proper as may be warranted in law by the verdict
on the count or part of the indictment on which the Court
of Appeal considers that the appellant has been properly
convicted.

(2) Where an appellant has been convicted of an offence
and the jury could on the indictment have found him guilty
of some other offence and on the finding of the jury it appears
to the Court of Appeal that the jury must have been satisfied
of facts which proved him guilty of that other offence the
Court of Appeal may, instead of allowing or dismissing the
appeal, substitute for the verdict found by the jury a verdict
of guilty of that other offence, and pass such sentence in
substitution for the sentence passed at the trial as may be
warranted in law for that other offence, not being a sentence
of greater severity.

(3) Where on the conviction of the appellant the jury
have found a special verdict, and the Court of Appeal con-
siders that a wrong conclusion has been arrived at by the
court before which the appellant has been convicted on the
effect of that verdict, the Court of Appeal may, instead of
allowing the appeal, order such conclusion to be recorded
as appears to the Court of Appeal to be in law required by
the verdict and pass such sentence in substitution for the
sentence passed at the trial as may be warranted in law.

(4) Where on any appeal it appears to the Court of
Appeal that the proper verdict would have been a special
verdict under section 53 of the Criminal Procedure Act the Cap. 117.
court may quash the sentence passed at the trial and order
the appellant to be kept in custody as a prisoner of unsound
mind under the provisions of the said Act in the same manner
as if a special verdict had been found by the jury under that
Act.

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2 6 CAP. 143) Eastern Caribbean Supreme Court

Supplementary
provisions where 42. (1) Where in accordance with subsection (1) of
appeal against section 40 of this Act an appeal against a special verdict under
special verdict
allowed. section 53 of the Criminal Procedure Act is allowed:-
Cap. 117.

(a) if the ground, or one of the grounds for allow-
ing the appeal is that the finding of the jury as to the
insanity of the accused ought not to stand and the Court
of Appeal is of opinion that the proper verdict would
have been that he was guilty of an offence (whether the
offence charged or any other offence of which the jury
could have found him guilty), the court shall substitute
for the special verdict a verdict of guilty of that offence,
and shall have the like powers of punishing or other-
wise dealing with the accused and other powers as the
court before which he was tried would have had if the
jury had come to the substituted verdict;

(b) in any other case, the Court of Appeal shall
substitute for the verdict of the jury a verdict of acquittal:
Provided that where the offence mentioned in paragraph

(a) is one for which the sentence is fixed by law, the sentence
shall (whatever the circumstances) be one of imprisonment
for life.

(2) The term of any sentence passed by the Court of
Appeal in the exercise of the powers conferred by subsection
(1) (a) of this section shall, unless the Court otherwise directs,
begin to run from the time it would have begun to run if
passed in the proceedings in the court before which the
accused was tried.

Re-vesting and
restitution of

43. (1) The operation of any order for the restitu-
property on tion of any property to any person made on a conviction
conviction. on indictment and the operation in case of any such con-
Cap. 241. viction of the provisions of section 49 of the Larceny Act

as to the restitution of the property in goods to the owner
thereof, shall, unless the court before whom the conviction
takes place, directs to the contrary in any case in which in
its opinion, the title to the property is not in dispute, be
suspended-

(a) in any case until the expiration of fourteen days
after the date of conviction; and

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Eastern Caribbean Supreme Court (CAP. 143 27

(6) in cases where notice of appeal or leave to
appeal is given within fourteen days after the date of
conviction, until the determination of the appeal;

and in cases where the operation of any such order, or the
operation of the said provisions, is suspended until the deter-
mination of the appeal, the order or provisions, as the case
may be, shall not take effect as to the property in question
if the conviction is quashed on appeal.

(2) Provision may be made by rules of court for securing
the safe custody of any property pending the suspension of
the operation of any such order or of the said provisions.

(3) The Court of Appeal may by order annul or vary
any order made on a trial for the restitution of any property
to any person, although the conviction is not quashed; and
the order if annulled shall not take effect, and if varied, shall
take effect as so varied.

44. For the purposes of an appeal in any criminal Supplementary
powers of Court cause or matter the Court of Appeal may, if it thinks it o f ~ p p e a l .

necessary or expedient in the interests of justice-

(a) exercise any or all the powers conferred by sec-
tion 35 of this Act on the Court of Appeal;

(6 ) issue any warrant necessary for enforcing any
order or sentence of the Court of Appeal:
Provided that-

(i) in no case shall any sentence be increased by
reason of or in consideration of any evidence
that was not given at the trial; and

(ii) whenever the Court of Appeal receives further
evidence it shall make such order as will secure
an opportunity to the parties to the proceedings
to examine every witness whose evidence is
taken.

45. Without prejudice to the generality of the k:; t~~;dz:.
preceding section of this Act (Supplementary powers), where
evidence is tendered to the Court of Appeal under that
section, the Court shall, unless it is satisfied that the evidence
if received would not afford any ground for allowing the

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28 CAP. 143) Eastern Caribbean Supreme Court

appeal, exercise its power under that section of receiving it
if-

(a) it appears to it that the evidence is likely to be
creditable and would have been admissible at the trial
on an issue which is the subject of the appeal; and

(b ) it is satisfied that it was not adduced at the trial,
but that there is a reasonable explanation for the failure
to adduce it.

Admission of
appellant to bail

46. (1) An appellant who is not admitted to bail shall,
and custody pending the determination of his appeal, be treated in like
when attending manner as prisoners awaiting trial.
Court.

(2) The Court of Appeal may, if it seems fit, on the
application of an appellant, admit the appellant to bail pend-
ing the determination of his appeal.

Computation of
sentence. 47. (1) The time during which an appellant is in

custody pending the determination of his appeal shall, sub-
ject to any direction which the Court of Appeal may give
to the contrary, be reckoned as part of the term of any
sentence to which he is for the time being subject, but the
court shall not give any such direction where leave to appeal
has been granted or a certificate has been given under sec-
tion 39 of this Act or where the case has been referred to
it under section 59 of this Act (references by the Governor-
General).

(2) Where the Court of Appeal gives a direction under
this section, it shall state its reasons for giving the directions.

(3) Provision shall be made by prison rules for the man-
ner in which an appellant, when in custody, is to be brought
to any place at which he is entitled to be present for the
purposes of this Act, or to any place to which the Court of
Appeal or any judge thereof may order him to be taken for
the purposes of any proceedings of that Court, and for the
manner in which he is to be kept in custody while absent
from prison for such purpose; and an appellant whilst in
custody in accordance with those rules shall be deemed to
be in legal custody.

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Eastern Caribbean Supreme Court (CAP. 143 29

48. (1) Where a person convicted desires to appeal z&;aEg,
under this Act to the Court of Appeal or to obtain the leave
of the Court of Appeal, he shall give notice of appeal or notice
of his application for leave to appeal in such manner as may
be directed by rules of court within fourteen days of the date
of conviction.

(2) Except in the case of a conviction involving sentence
of death, the time within which notice of an application for
leave to appeal may be given, may be extended at any time
by the Court of Appeal.

(3) For the purposes of this section the date of convic-
tion shall, where the court had adjourned the trial of an
indictment after conviction, be the date on which the court
sentences or otherwise deals with the offender.

49. In the case of a conviction involving sentence of Stay of
execution.

death or corporal punishment-

( a ) the sentence shall not in any case be executed
until the expiration of the time within which notice of
appeal or of an application for leave may be given under
the preceding section; and

(b) if notice is so given, the appeal or application
shall be heard and determined with as much expedition
as practicable, and the sentence shall not be executed
until after the determination of the appeal, or, in cases
where an application for leave to appeal is finally refused
of the application.

50. The Judge before whom a person is convicted Judge's notes and
report to be

shall, in the case of an appeal under this Act against the hrnished on
conviction or against the sentence, or in the case of an appeal.
application for leave to appeal under this Act furnish to the
Registrar in accordance with rules of court, his notes of the
trial; and shall also furnish to the Registrar in accordance
with rules of court a report giving his opinion upon the case
or upon any point arising in the case.

5 1. The Court of Appeal may at any time assign to Legal to appellant. assistance
an appellant a solicitor and counsel, or counsel only, in any
appeal or proceedings preliminary or incidental to an appeal
in which, in the opinion of the Court, it appears desirable

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30 CAP. 143) Eastern Caribbean Supreme Court

in the interests ofjustice that the appellant should have legal
aid, and that he has not sufficient means to enable him to
obtain that aid.

Right of
appellant to be 52. (1) An appellant, notwithstanding that he is in
present. custody, shall be entitled to be present, if he desires it, on

the hearing of his appeal, except where the appeal is on some
ground involving a question of law alone, but, in that case
and on an application for leave to appeal and on any
proceedings preliminary or incidental to an appeal, shall not
be entitled to be present except where rules of Court provide
that he shall have the right to be present or where the Court
gives him leave to be present.

(2) An appellant who does not appear at the hearing
of his appeal by counsel, may present his case and argu-
ment in writing, and any case or argument so presented shall
be considered by the Court.

(3) The power of the Court to pass any sentence under
this Act may be exercised notwithstanding that the appellant
is for any reason not present.

(4) The reference in subsection (1) of this section to an
appellant being in custody shall not include a reference to
his being in custody in consequence of a special verdict under

Cap. 117. section 53 of the Criminal Procedure Act.

costs of appeal. 53. (1) On the hearing and determination of a
criminal appeal from the High Court or any proceedings
preliminary or incidental thereto under this Act no costs shall
be allowed on either side.

(2) The expenses of any solicitor or counsel assigned
to an appellant under this Act, and the expenses of any
witnesses attending on the order of the Court of Appeal or
examined in any proceedings incidental to the appeal, and
of the appearance of an appellant on the hearing of his appeal
or on any proceedings preliminary or incidental to the appeal,
and all expenses of and incidental to any examination of
witnesses conducted by any person appointed by the Court
for the purpose, or any reference of a question to a special
commissioner appointed by the Court, or of any person
appointed as assessor to the Court, shall be defrayed out

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Eastern Caribbean Supreme Court (CAP. 143 3 1

of monies up to an amount allowed by the Court, but sub-
ject to any rules of court as to rates and scales of payment.

54. (1) The Repistrar shall take all necessarv s t e ~ s Duties of
\ , " , I Registrar with for obtaining a hearing under this Act of any appeals or respect to notices

applications, notice of which is given to him under this Act, of appeals etc.
and shall obtain and lay before the Court of Appeal in proper
form all documents, exhibits, and other things relating to
the proceedings in the Court before which the appellant or
applicant was tried, which appear necessary for the proper
determination of the appeal or application.

(2) If it appears to the Registrar that any notice of an
appeal against a conviction, purporting to be on a ground
of appeal which involves a question of law alone, does not
show any substantial ground of appeal, the Registrar may
refer the appeal to the Court of Appeal for summary deter-
mination, and where the case is so referred, the Court of
Appeal may, if it considers that the appeal is frivolous or
vexatious, and can be determined without adjourning the
same for a full hearing, dismiss the appeal summarily, without
calling on any persons to attend the hearing or to appear
for the Crown thereon.

(3) Any documents, exhibits, or other things connected
with the proceedings on the trial of any person on indict-
ment, who if convicted, is entitled or may be authorised to
appeal under this Act shall be kept in the custody of the court
of trial in accordance with rules of court made for the purpose,
for such time as may be provided by the rules, and subject
to such powers as may be given by the rules for the condi-
tional release of any such documents, exhibits, or things from
that custody.

(4) The Registrar shall furnish the necessary forms and
instructions in relation to notices of appeal or notices of
application under this Act to any person who demands the
same, and to such officers or persons as he thinks fit, and
the Superintendent of Prisons shall cause those forms and
instructions to be placed at the disposal of prisoners desiring
to appeal or to make any application under this Act, and
shall cause any such notice given by a prisoner in his custody
to be forwarded on behalf of the prisoner to the Registrar.

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3 2 CAP. 143) Eastern Caribbean Supreme Court

(5) The Registrar shall report to the Court of Appeal
or some judge thereof any case in which it appears to him
that, although no application has been made for the purpose,
a solicitor and counsel, or counsel only, ought to be assigned
to an appellant under the powers given to that Court by this
Act.

(6) In this section and in the next following section the
expression "Registrar" includes the Chief Registrar and
Deputy Registrar of the Court of Appeal.

Shorthand notes,
etc.

55. (1) Such records in such manner, whether in
writing by shorthand notes or otherwise, or by recording
in electro-magnetic tape or by other means as may be
prescribed by rules of court shall be taken of the proceedings
at the trial of any person on indictment who, if convicted,
is entitled or may be authorised to appeal, and on or
application for leave to appeal a transcript of the records
or any part thereof shall be made if the Registrar so directs,
and furnished to the Chief Registrar for the use of the Court
of Appeal or any judge thereof.

(2) A transcript of the records taken under subsection
(1) of this section shall be furnished to any party interested
upon payment of such charges as may be fixed by rules of
court.

(3) Rules of court may also make such provision as is
necessary for securing the accuracy of the records to be taken
and for the verification of the transcript.

Powers which
may be exercised

56. The powers of the Court of Appeal under this
by a Judge of the Act-
Court.

( a ) to give leave to appeal;

(b) to extend the time within which notice of appeal
or an application for leave to appeal may be given;

(c) to assign legal aid to an appellant;

(d) to allow the appellant to be present at any
proceedings in cases where he is not entitled to be present
without leave; or

(e) to admit an appellant to bail,

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Eastern Caribbean Supreme Court (CAP. 143 3 3

may be exercised by any judge of the Court of Appeal in
the same manner as they may be exercised by the Court
of Appeal, and subject to the same provisions; but, if the
Judge refuse an application on the part of the appellant to
exercise any such powers in his favour, the appellant shall
be entitled to have the application determined by the Court
as duly constituted for the hearing and determination of
appeals under this Act.

57. (1) Where any person is convicted on indictment case stated or
questions of law the trial judge may state a case or reserve a question of law rese,ed.

for the consideration of the Court of Appeal and the Court
of Appeal shall consider and determine such case stated or
question of law reserved and may either-

(a) confirm the judgment given upon the
indictment;

(b) order that such judgment be set aside and quash
the conviction and direct a judgment and verdict of
acquittal to be entered;

(c) order that such judgment be set aside, and give
instead thereof the judgment which ought to have been
given at the trial;

(6) require the judge by whom such case has been
stated or question has been reserved to amend such state-
ment or question when specially entered on the record;
or

(e) make such other order as justice requires.

(2) The Court of Appeal, when a case is stated or a
question of law reserved for its opinion, shall have power,
if it thinks fit, to cause the case or certificate to be sent back
for amendment and thereupon the same shall be amended
accordingly.

58. Where a case is stated or question of law reserved :3.:i;;;a;f:!:
for the consideration of the Court of Appeal the provisions proceedings
of sections 46, 47, 49, 51, 52, subsections (I), (3) and (5) under 57.
of sections 54, 55 and section 56 of this Act shall apply to
such proceedings in like manner as to an appeal.

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34 CAP. 143) Eastern Caribbean Supreme Court

Prerogative of
mercy.

59. ( 1 ) Nothing in this Act shall affect the prerogative
of mercy.

(2) The Governor-General on the consideration of any
petition for the exercise of Her Majesty's mercy having
reference to the conviction of a person on indictment or to
the sentence, other than sentence of death, passed on a person
so convicted, may at any time-

(a) refer the whole case to the Court of Appeal,
and the case shall then be heard and determined by the
Court as in the case of an appeal by a person convicted;
or

(6) if he desires the assistance of the Court of
Appeal on any point arising in the case with a view to
the determination of the petition refer that point to the
Court for its opinion thereon and the Court shall con-
sider the point so referred and furnish the Governor-
General with its opinion thereon accordingly.

Criminal
information.

60. This Act shall apply in the case of convictions
on criminal information as it applies in the case of convic-
tion on indictment.

Appeals from
order in

61. ( 1 ) An appeal shall lie to the Court of Appeal
contempt from any order made by the High Court or by a Judge of
proceedings. the High Court or of the Court of Appeal or by a Magistrate

imposing imprisonment or a fine for contempt of court.

(2) Any person ordered by any such Court, Judge or
Magistrate to be imprisoned or to pay a fine for contempt
of court, may at the time of such order or within two days
thereafter give notice to the Court, Judge or Magistrate
making the order of his intention to appeal to the Court of
Appeal and may within two days after giving such notice
enter into a recognizance with a surety to the satisfaction
of the Registrar of the High Court or of the Court of Appeal
or Clerk of the Court, as the case may be, in a sum not
exceeding one hundred dollars to prosecute such appeal, and
the giving of such notice and entering into such recognizance
shall operate as a stay of such order.

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Eastern Caribbean Supreme Court (CAP. 143 35

(3) On such person entering into recognizance the Judge
or Magistrate making the order shall within twenty-one days
thereafter transmit to the Registrar a statement of the cause
of such committal or fine and upon such statement being
received the Registrar shall within four days thereafter issue
a summons, free of cost, calling on the appellant to appear
before the Court of Appeal within a reasonable time thereafter
and on a day to be named therein and the Court of Appeal
shall hear and determine such appeal and either confirm the
order or vary or quash such order and the Court of Appeal
may from time to time return the proceedings to the Judge
or Magistrate who made the order for further information.

(4) When the Court of Appeal confirms or varies the
order the Judge or Magistrate who made the order shall pro-
ceed to carry out and enforce his order as confirmed or varied
in the same manner as if there had been no appeal against
the same.

PART I11 - OFFICERS O F THE COURT

62. Except as in this Act otherwise expressly provided, Present officers
of Court. every person who at the date of commencement of this Act

holds the office of Registrar, or Bailiff, shall continue to hold
his office on the terms on which he now holds it, and nothing
in this Act contained shall affect the validity and effect of
any bond heretofore given by any of the said officers.

63. (1) The Chief Registrar shall have and exercise Registrar.
in relation to Antigua and Barbuda such functions as may
be conferred upon him by this Act or any other law or by
rules of court.

(2) Without prejudice to the generality of the provisions
of this section, the Chief Registrar shall take all necessary
steps for obtaining a hearing under this Act of any appeals
or applications, and shall obtain and lay before the Court
of Appeal in proper form all documents, exhibits and other
things relating to the proceedings in the Court before which
the case, or the appellant or applicant, was tried which appear
necessary for the proper determination of the appeal or
application.

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36 CAP. 143) Eastern Caribbean Supreme Court

(3) The Registrar shall have such power and authority
and perform such duties as shall be necessary for the due
conduct and discharge of the business of the High Court
and the Court of Appeal as the Chief Justice or other judge
authorised by him in that behalf shall direct. He shall be
subject to the general or special directions of the Chief
Registrar and shall assist him in the performance of his duties.

(4) The Registrar shall be ex officio a Deputy Registrar
of the Court of Appeal.

(5) The Registrar shall be ex officio Admiralty Marshal.

(6) The Registrar shall be ex officio Provost Marshal.

(7) The Registrar shall have custody of the seals of the
High Court and of the Court of Appeal (Antigua and
Barbuda sub-Registry) and of all records, documents and
papers thereof.

Taxation of
costs.

64. (1) The Chief Registrar, and in his absence the
Registrar, shall be the Taxing Master for the Court. He shall
tax all bills of costs in accordance with the scales for the time
being in force.

(2) Every taxation of costs shall be subject to rules of
court and be subject to review by a Judge in Chambers.

Hours of
business.

Bailiffs.

65. (1) The office of the Registrar and Provost
Marshal shall be kept open for the transaction of business
on every day of the year except Sundays, Saturdays,
Christmas Day, Good Friday and Public Holidays, during
such hours of the said days as may be appointed by the
Governor-General by order under this hand.

(2) Notwithstanding the provisions of any order made
under subsection (1) of this section the judge, by whom any
matter is being heard, may direct any paid officer of the
Court to transact at any time any business which, in the
opinion of the judge, is necessary or convenient, to facilitate
the hearing and determination of the matter in question,
or to carry into effect any order made in connection therewith.

66. (1) There shall be at least one bailiff for the High
Court.

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Eastern Caribbean Supreme Court (CAP. 143 37

(2) Every bailiff shall in addition to his duties as bailiff
also perform, if required, the duties of Crier of the High
Court and the Court of Appeal.

67. No Registrar, clerk to a Registrar, or bailiff shall ~;~~;i;fif;l;4"t
act as attorney, agent or adviser of any plaintiff, defendant ,, ,d,;,,
or other suitor, or party in or to any proceeding in any Court litigants.
in Antigua and Barbuda, or give advice in any law matter,
or act as conveyancer or notary public, or accept any gratuity
for the performance of any duty in connection with his office.

68. (1) If any officer of the court shall be charged zk;zd,";:,",frt.
with extortion, or with not dulv ~ a v i n e anv monev received

J X A " ,
by him in the execution of his duty or with any fraud,
wrongful act, or neglect in the discharge of duties of his office,
any Judge of the High Court may-

( a ) inquire into the matter in a summary way, on
affidavit, or such other evidence as shall appear
reasonable to him, and for that purpose, summon and
enforce the attendance of all necessary parties and
witnesses in like manner as the attendance of witnesses
may be enforced in any other proceedings; and

( b ) thereupon dismiss the charge, or order the
officer to pay any monies or damages which, in the
opinion of the Judge, the officer ought under the
circumstances to pay; and also impose such fine, if any,
as he may think fit, on the officer.

(2) The costs of every such inquiry shall be in the dis-
cretion of the Judge, and may be ordered to be paid by the
officer or by the person laying the charge.

(3) Every order made under this section may be
enforced as an order of the High Court.

(4) No proceeding taken, or order made, under this
section shall prevent the officer from being prosecuted
criminally for any offence committed by him, or affect any
right of action which any person shall have against him, or
the power of the Public Service Commission to remove or
exercise disciplinary control over the officer.

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3 8 C A P . 143) Eastern Caribbean Supreme Court

PART IV

Existing
Practitioners.

69. Every person entitled, at the commencement of
this Act, to practise in Antigua and Barbuda as a barrister
or as a solicitor, may continue to practise as heretofore, and
shall be a barrister or solicitor as the case may be, of the
Supreme Court.

Admission of
barrister and

70. (1) A Judge of the High Court may, subject to
solicitor. the provisions of subsections (2) and (3), admit to practise

as a barrister of the Court-

(i) any member of the English Bar;

(ii) any member of the Scottish Bar;

(iii) any member of the Northern Irish Bar; and

(iv) any person who has obtained a degree from
a recognised University and has also obtained
a certificate of competence from the Council
of Legal Education of the West Indies,

and as a solicitor of the court, any person who shall have
been admitted to practise as a solicitor by a Superior Court
in England, Scotland or Northern Ireland:

Provided that upon cause being shown, an application
to be admitted may be refused notwithstanding that the
applicant has complied with the provisions of the said
subsections:

And further provided that no refusal by a Judge of any
such application shall be final but, any application so refused
by such Judge shall, if the applicant so require by notice
in writing to the Registrar, be laid before and dealt with
by the Court of Appeal.

(2) Every person applying to be admitted to practise
as a solicitor or barrister under the provisions of this Act
shall-

( a ) pay into the Treasury the sum of five hundred
dollars as an enrolment fee;

( b ) file in the office of the Registrar an affidavit
of his identity and that he has paid the fee aforesaid; and

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Eastern Caribbean Supreme Court (CAP. 143 39

(c) deposit with the Registrar for inspection by the
court-

(i) the receipt for the fee aforesaid; and

(ii) in relation to any person being admitted as
a barrister of the court, his certificate of Call
to the English, Scottish or Northern Irish Bar
or his degree certificate from a recognised
University and his certificate of Competence
from the Council of Legal Education of the
West Indies and, in relation to any person
being admitted to practise as a solicitor of the
court, his certificate of admission as a solicitor
in England or in Northern Ireland or as
solicitor or law agent admitted to practise in
Scotland.

(3) Every person applying to be admitted to practise
as a barrister by virtue of English, Scottish or Northern Irish
qualification shall deposit with the Registrar for inspection
by the court, in addition to the documents required to be
deposit for inspection under subsection (2) (c) either one of
the following documents-

(i) a certificate issued by the Council of Legal
Education of London that he has satisfactorily
completed a practical training course provided
by the said Council and approved by the Chief
Justice for the purposes of this section; or

(ii) a certificate signed by his pupil master and
counter-signed on behalf of his Inn of Court
that he has either before or after Call, or partly
before and partly after Call read as a pupil
for an aggregate period of not less than six
months in the Chambers of one or more
barristers of not less than five years standing
practising in England, or Northern Ireland or
Advocate of not less than five years standing
practising in Scotland or in the Chambers of
one or more barristers of not less than ten years
standing practising in Antigua and Barbuda.

(4) In a special case the Judge may exempt any such
person from depositing or producing any of the certificates

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40 CAP. 143) Eastern Caribbean Supreme Court

referred to in subsection (2) (c) (ii) and in subsection (3),
if otherwise satisfied that he has the qualifications required.

Enrolment of
barristers and

71. (1) Every person admitted as a barrister or
solicitors. solicitor of the Court shall cause his name to be enrolled

in a book to be kept for the purpose by the Registrar and
to be called the Court Roll, and, upon his name being so
enrolled, shall be entitled to a certificate of enrolment under
the seal of the High Court.

(2) Every person, whose name is so enrolled, shall, if
enrolled as a barrister, be entitled to practise as a barrister,
and, if enrolled as a solicitor, be entitled to practise as a
solicitor in every court in Antigua and Barbuda.

Barristers
practising as

72. Subject to the provisions of section 73 of this Act,
solicitors. every person enrolled as a barrister shall be entitled to prac-

tise also as a solicitor, and to sue for and recover his taxed
costs as such, but if he practises as a solicitor, he shall be
subject to all the liabilities which attach by law to a solicitor.

Queen's Counsel. 73. ( 1 ) Except as otherwise provided in subsection
(2) of this section no barrister who has the rank of Queen's
Counsel shall perform any of the functions which in England
are performed by a solicitor and are not performed by a
barrister; but a barrister who has the rank of Queen's Counsel
shall not be precluded from continuing or engaging in part-
nership with another barrister by reason only that such last
mentioned barrister performs any functions as aforesaid.

(2) Every person holding the office of Attorney-General,
may notwithstanding that he has the rank of Queen's
Counsel, perform the functions mentioned in section 72 of
this Act in relation to the duties of his office as Attorney-
General.

Solicitors and
Commissioners

74. (1) Every person practising as a solicitor and
for Oaths are whose name shall be enrolled as aforesaid either as a barrister
officers of the or solicitor, shall be deemed to be an officer of the Court. Court.

(2) Every person who, under the provisions of any law
for the time being in force in Antigua and Barbuda is, or
shall be appointed a Commissioner to administer oaths in
the Court, shall be deemed to be an officer of the Court.

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Eastern Caribbean Supreme Court (CAP. 143 4 1

75. Any two judges of the High Court may, for z:?i;zSbe
reasonable cause, suspend any barrister or solicitor from suspended or
practising in Antigua and Barbuda during any specified st'UCk Off
period, or may order his name to be struck off the Court Roll.

76. Every person who, not being enrolled as a u'AP"z;,"ins
barrister or solicitor, or otherwise lawfully authorised, shall, regal documents.
either directly or indirectly for, or in expectation of any fee,
gain or reward draw or prepare any legal document or shall
receive any fee, gain or reward for drawing or preparing
any such document, shall be liable on summary conviction
to a fine not exceeding three thousand dollars.

77. Subject to the rules of court, the law and prac- Law relating to
solicitors,

tice relating to solicitors, and the taxation and recovery of .,d
costs in force in England shall extend to and be in force in recovery of costs.
Antigua and Barbuda and apply to all persons lawfully prac-
tising therein as solicitors of the Court.

78. Every person holding office in the public service :;~f%;.
of Antigua and Barbuda under the provisions of section 103 Cap. 23.
of the Constitution shall, so long as he continues to hold
such office, be ex officio a barrister of the Court, and shall
be deemed to be enrolled as a barrister in accordance with
the provisions of this Act.

PART V - WITNESSES

79. If any person served with a subpoena to attend Disobedience to
subpoena.

as a witness in any proceeding before a judge of the High
Court sitting in Court or in Chambers or before the Court
of Appeal shall refuse or neglect to attend pursuant to such
subpoena, such judge or court may punish such person in
a summary way by fine not exceeding seven hundred and
fifty dollars, or by commitment to prison for any term not
exceeding six months:

Provided that nothing contained in this section shall
affect or abridge any right of any party to the proceeding
to proceed against such person for the recovery of any special
damage such party may have sustained by reason of the
disobedience of such person.

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42 CAP. 143) Eastern Caribbean Supreme Court

Witness expenses
in criminal

80. (1) Any judge of the High Court may, in or in
proceedings. respect of any criminal proceeding before him, order

allowances not exceeding those prescribed by rules of court,
to be paid to all persons examined or detained as witnesses
for the Crown whether examined before the Magistrate or
not, and also to all persons examined or detained as witnesses
for the defence, who shall have been examined before the
Magistrate, and who shall have been bound over to appear
before the court at the trial:

Provided that the judge may, if he shall think fit, order
a similar allowance to be paid to any person examined at
the trial as a witness for the defence notwithstanding that
such person was not examined before the Magistrate.

(2) If any person except a duly qualified medical prac-
titioner giving professional evidence whose allowance shall,
under this section, be ordered to be paid, shall reside at a
greater distance than one mile from the Court House at which
such trial takes place, the judge may order to be paid to
such person for and in respect of his travelling expenses,
such further allowance as may be prescribed by rules of court:

Provided that in the case of duly qualified medical prac-
titioners, whose whole time is given to the public service,
and who are therefore under the provisions of subsection
(3) of this section disqualified from receiving an allowance
for attendance, the judge may notwithstanding, order the
payment of an allowance for travelling expenses in accordance
with this subsection.

(3) When any person called or detained as aforesaid
as a witness either for the Crown or the defence is in receipt
of a salary as a public officer, such person shall not, unless
his whole time is not at the disposal of the Government, by
reason of his enjoying private practice or otherwise, be
entitled to be paid any allowance under this Act, for
attendance as a witness, beyond the travelling expenses
provided for by subsection (2) of this section.

Persons present
at proceedings in

81. Any Judge may, in any proceeding pending
court may be before him, order any person present to give evidence therein,
ordered give notwithstanding that no viaticum or other payment to which
evidence.

he was entitled, shall have been paid or tendered to him.

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Eastern Caribbean Supreme Court (CAP. 143 43

PART VI - MISCELLANEOUS

82. (1) Subject to the provisions of this and the next of the
following section, the High Court and the Court of Appeal
for the purpose of exercising the jurisdiction and powers con-
ferred on them respectively by this Act and any other law
in force in Antigua and Barbuda may sit either in Antigua
and Barbuda or in any of the States to which the Courts
Order applies.

(2) Sittings of the High Court for the trial of civil and
criminal causes originating in Antigua and Barbuda shall
be held at such times as may be prescribed by rules of court
and shall be held in Saint John's except in cases where the
Chief Justice gives special directions that the Court shall sit
at some other place.

(3) Sittings of the Court of Appeal shall be held at such
times and at such place as the Chief Justice may by general
or special directions appoint.

(4) Notice of the times appointed for the sittings of the
High Court and of the Court of Appeal shall be published
in the Gazette.

83. (1) In the absence of a Judge, any interlocutory interlocutor^
applications.

or other application, which may be made to a judge in
Chambers, may be reduced to writing, and transmitted under
the Court seal by the Registrar, to the Judge to whom it
shall be directed, together with such afidavits and documents
as the applicant shall think necessary.

(2) The Judge's order in writing thereon shall be
transmitted to the Registrar, and shall be deemed to be the
order of the Court.

(3) No such application shall be made unless the
Registrar shall certify that, to the best of his belief, all parties,
liable to be affected by the order sought, and entitled to be
heard against the same have had due notice thereof, and
an opportunity of transmitting any counter afidavits or other
documents, in opposition thereto.

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CAP. 143) Eastern Caribbean Supreme Court

Expenses in
criminal
proceedings.

Remission or
reduction of
fines.

Rules of Court.

Saving of
procedure.

Pending
proceedings.

84. In every criminal proceeding, all expenses con-
sequent on, or incidental to the transmission of process, the
conveyance of prisoners and the trial, determination of or
dealing with such proceedings, including all allowances
ordered to be paid to witnesses under section 80 of this Act,
shall be paid out of monies provided by Parliament.

85. Any fine or penalty imposed by a Judge may,
at any time before it has been paid or satisfied, be reduced
or remitted by him.

86. (1) The Chiefjustice and any other two judges
of the Supreme Court may by order provide that any rules
of court may under section 17 of the Courts Order shall have
effect as part of the law of Antigua and Barbuda subject to
such exceptions, adaptations or modifications as may be
specified in the order and any such order may include pro-
vision for the amendment or revocation of any rule of court
so having effect immediately before the prescribed date.

(2) All rules of court in force immediately before the
commencement of this Act shall continue in force until
revoked.

87. Save as is otherwise provided by this Act or by
rules of court, all forms and methods of procedure which
under and by virtue of any law, custom or rule whatsoever,
were formerly in force in any of the Courts the jurisdiction
of which is vested in the High Court or the Court of Appeal
respectively, and which are not inconsistent with this Act,
or with rules of court may continue to be used in the High
Court and the Court of Appeal respectively in the like cases
and for the like purposes as those in and for which they have
been applicable in the former respective Courts.

88. All proceedings pending before the date of com-
mencement of this Act on appeal from any court of law to
the High Court pursuant to the provisions of section 22 (4)
of the Courts Order may be continued and concluded after
the commencement of this Act in the Court of Appeal in
accordance with the provisions of this Act.