Chapter 003:01 - Court of Appeal

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/423-chapter-301-court-of-appeal/file

L.R.O. 1/2012
LAWS OF GUYANA
COURT OF APPEAL ACT
CHAPTER 3:01
Act
19 of 1958
Amended by
20 of 1961 SI/1962/1086 (UK) 24 of 1970 O. 37/1966 A
4 of 1972 21
4
of
of
1978
2010


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 169 ... 1/2012





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Index
of
Subsidiary Legislation
Page
Court of Appeal Rules 42
(Rules made 28/2/1959 Sub. Leg.p.30), 20/12/1960(1960 Sub.
Leg. P. 303), O. 37/1966A, R. 1/1970, 2/1971, 4 of 1972, O.
166/1974, R. 1/1983, 4/1986)




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CHAPTER 3:01
COURT OF APPEAL ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
GENERAL PROVISIONS
3. General powers of the Court of Appeal.
4. Administration of oaths.
5. Restriction on institution of vexatious actions.
PART II
CIVIL APPEALS
6. Appeals in civil matters.
7. Powers of Court of Appeal in civil matters.
8. Additional powers of Court of Appeal on hearing appeals in civil
matters.
9. Power of Court of Appeal as to new trials.
10. Wrong rulings as to sufficiency of stamps.
PART III
CRIMINAL APPEALS
11. Definitions.
12. Right of appeal in criminal cases.
13. Determination of appeals in ordinary cases.
14. Powers of Court of Appeal in special cases.
15. Re-vesting and restitution of property on conviction.
16. Supplementary powers of Court of Appeal.
17. Admission of appellant to bail and custody when attending court.
18. Computation and commencement of sentence.
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SECTION
19. Time for appealing.
20. Stay of execution.
21. Judge’s notes and report to be furnished on appeal.
22. Legal assistance to appellant.
23. Costs of appeal.
24. Right of appellant to be present.
25. Duty of Attorney-General.
26. Powers which may be exercised by a judge of the Court.
27. Case stated or question of law reserved.
28. Provisions of this Act applicable to proceedings under section 27.
29. Case stated by judge at request of Court of Appeal.
30. Prerogative of Mercy.
31. Appeals from inferior courts.
32. Provisions of this Act applicable to proceedings under section 31.
32A. Reference to Court of Appeal of point of law following acquittal
on indictment.
33. Jurisdiction of the Court of Appeal under Part III exclusively.
PART III A
APPEALS BY THE DIRECTOR OF PUBLIC PROSECUTIONS
33A. Definition.
33B. Right of Director of Public Prosecutions to appeal.
33C. Procedure and time for appealing.
33D. Power of Court on appeal from acquittal.
33E. Power of Court on appeal against sentence by the Director of
Public Prosecutions.
33F. Judges notes and report.
33G. Right of respondent to be present.
33H. Legal assistance to respondent.
33 I. Cost of appeal.
33 J. Duties of the Registrar.
33K. Powers which may be exercised by a Judge of the Court
33L. Appeals to the Caribbean Court of Justice.
33M. Sections 11-33 to apply.

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SECTION
PART IV
MISCELLANEOUS
34. Justices of Appeal.
35. Precedence of judges.
36. Qualification.
37. Number of judges at sitting.
38. Distribution of business of Court of Appeal.
39. Functions of Registrar.
40. Rules of court.
41. Additional powers of Court of Appeal.
42. Practice and procedure.

__________________________
CHAPTER 3:01
COURT OF APPEAL ACT
19 of 1998 An Act to confer on the Court of Appeal jurisdiction to hear
and determine appeals from the High Court and for
matters connected therewith.
[PART III: 21ST NOVEMBER, 1959;
REMAINDER: 14TH JUNE 1958]
Short title.
Interpretation.

1. This Act may be cited as the Court of Appeal Act.
2. In this Act—
“Full Court” means the Full Court of the High Court; and
“order” in Parts II and III of this Act includes decision or
judgment.
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General powers
of the Court of
Appeal.

Administration
of oaths.

Restriction on
institution of
vexatious
actions.
[O. 37/1966A]
PART I
GENERAL PROVISIONS
3. Subject to the provisions of any Act, the Court of
Appeal shall in the exercise of any jurisdiction vested in it by
this Act, have all the powers and authorities vested in or
exercisable by the Supreme Court of Judicature in England
on the first day of January, 1958.
4. (1) The Court of Appeal or any judge thereof may
require and administer any necessary oath.
(2) Without prejudice to any other power to
require an oath to be administered, rules of court may
prescribe the occasions on which an oath may be
administered and may authorise any of the following
persons to administer oaths for any purpose specified in the
rules—
(a) the Registrar of the Supreme Court;
(b) any person duly authorised by law to
administer oaths for the purpose of
the Supreme Court.
5. (1) If on an application made by the Attorney-
General under this section the Court of Appeal is satisfied
that any person has habitually and persistently and without
any reasonable ground instituted vexatious legal proceedings
in the Court of Appeal, and whether against the same person
or against different persons, the Court may, after hearing that
person or giving him an opportunity of being heard, order
that no legal proceedings shall without the leave of the Court
or a judge thereof be instituted by him in the Court of Appeal
and such leave shall not be given unless the Court of Appeal
or a judge thereof is satisfied that the proceedings are not an
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Appeals in civil
matters.
abuse of the process of the court and that there is prima facie
ground for the proceedings.
(2) A copy of any order made under this section
shall be published in the Gazette.
PART II
CIVIL APPEALS
6. (1) 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 law
reserved by the Full Court or by a judge of the High Court
pursuant to any power conferred in that behalf by any Act.
(2) Subject as otherwise provided in this section,
an appeal shall lie to the Court of Appeal in any cause or
matter from any order of the Full Court or of a judge of the
High Court (whether made before or after the date on which
this Act comes into force) where such order is—
(a) final and is not—
(i) an order of a judge of the High
Court made in chambers or in
a summary proceeding;
(ii) an order made with the
consent of the parties;
(iii) an order as to costs;
(iv) an order referred to in
paragraph (d);
(b) a decree nisi in a matrimonial cause
or an order in an admiralty action
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determining liability;
(c) declared by rules of court to be of the
nature of a final order;
(d) an order upon appeal from any other
court, tribunal, body or person.
(3) No appeal shall lie from an order referred to
in subsection (2) (d)—
(a) except—
(i) upon a question of law; or
(ii) where such order precludes
any party from the exercise
of his profession or calling,
from the holding of public
office, from membership of a
public body or from the right to
vote at the election of a member
for any such body;
(b) in any case, except with the leave of
the Full Court or judge making the
order or of the Court of Appeal.
(4) With the leave of the Full Court or of the Court
of Appeal, an appeal shall lie under this section from a
decision of the Full Court upon appeal from a judge of the
High Court in respect of an order referred to in subsection (2)
(a) (i), (a) (ii) or (a) (iii) or in respect of an order of a judge of
the High Court not referred to in the said subsection.
(5) No appeal shall lie under this section—
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(a) from any order made in any criminal
cause or matter;
(b) from an order allowing an extension
of time for appealing from an order;
(c) from an order of a judge giving
unconditional leave to defend an
action;
(d) from an order obtained by default or
made on an ex parte application;
(e) from a determination of the Full Court
under subsection (8) of this section;
(f) from an order absolute for the
dissolution or nullity of 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.
(6) No appeal shall lie under this section from any
order of the Full Court or of a judge of the High Court where
it is provided by any Act that the decision of such Court or
judge shall be final.
(7) The jurisdiction to hear appeals vested in the
Court of Appeal under this Part shall be to the exclusion of
the jurisdiction of any other court:
Provided that a judge of the High Court may hear and
determine 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
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Powers of Court
of Appeal in
civil matters.
discharged or varied by the Court of Appeal.
(8) Where any doubt arises regarding the category
mentioned in subsection (2) into which an order of the Full
Court or of a judge of the High Court falls, such doubt may
be determined by the Full Court or by the Court of Appeal
upon application in a summary way.
7. (1) On the hearing of an appeal from any order of
the High Court in any civil cause or matter, the Court of
Appeal shall have power to—
(a) confirm, vary, amend, or set aside the
order or make any such order as the
court from whose order the appeal is
brought might have made, or to
make any order which ought to have
been made, and to make such further
or other order as the case may
require;
(b) draw inferences of fact;
(c) direct the court from whose order the
appeal is brought to enquire into and
certify its finding 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 the
foregoing provisions of 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 court from whose order the appeal is brought
or by any particular party to the proceedings in that court, or
that any ground for allowing the appeal or for affirming or
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Additional
powers of Court
of Appeal on
hearing
appeals in civil
matters.
varying the decision of that court is not specified in such a
notice; and the Court of Appeal may make any order, on
such terms as the Court thinks just, to ensure the
determination on the merits of the real question in
controversy between the parties.
(3) 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.
(4) 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.
8. On the hearing of an appeal from any order of the
High Court in any civil cause or matter, the Court of Appeal
may, if it thinks fit—
(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
determination of the case, provided that no
person shall 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 witness who would have been a
compellable witness at the trial to attend
and be examined before the Court of
Appeal, whether he was or was not called
at the trial, or order the examination of any
such witness to be conducted in manner
provided by rules of court before any judge
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of the Court of Appeal or before any officer
of the Court of Appeal or justice of the
peace or other person appointed by the
Court of Appeal for the purpose, and at any
place and allow the admission of any
deposition so taken as evidence before the
Court of Appeal;
(c) receive the evidence, if tendered, of any
witness (including any party) who is a
competent but not compellable witness,
and, if a party makes application for the
purpose, of the husband or wife of that
party in cases where the evidence of the
husband or wife could not have been given
at the trial except on such application;
(d) where the case was not tried by the High
Court, remit the case to the court of trial for
further hearing, with such instructions as
regards the taking of further evidence or
otherwise as appear to it necessary; and in
all cases, remit the case with such
instructions to the High Court;
(e) where any question arising at the appeal
involves prolonged examination of
documents or accounts or any scientific or
local investigation which cannot, in the
opinion of the Court of Appeal,
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 of
Appeal, and act upon the report of any such
commissioner so far as they think fit to
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Power of Court
of Appeal as to
new trials.
adopt it;
(f) appoint any person with special expert
knowledge to act as an assessor in an
advisory capacity in any case where it
appears to the Court of Appeal that such
knowledge is required for the proper
determination of the case.
9. (1) Subject to this section, on the hearing of an
appeal in any civil cause or matter the Court of Appeal shall,
if it appears to the Court of Appeal 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) On 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 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;
(b) 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 mentioned in
paragraph (a) 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
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Wrong rulings
as to sufficiency
of stamps.

Definitions.
[21 of 1978]

Right of appeal
in criminal
cases.
c. 10:01
only, and give final judgment as to
the remainder.
10. The Court of Appeal shall not grant a new trial or
reverse any judgment by reason of the ruling of any court
that the stamp upon any document is sufficient or that the
document does not require a stamp.
PART III
CRIMINAL APPEALS
11. In this Part—
“appeal” means an appeal by a person convicted upon
indictment and “appellant” means the person making
such appeal and includes an applicant for leave to
appeal;
“sentence” includes any order of the court made on
conviction with reference to the person convicted and
the power of the Court of Appeal to pass a sentence
includes a power to make any such order as the
convicting court might have made.
12. A person convicted on indictment in the High
Court may appeal under this Part to the Court of Appeal—
(a) against his conviction, on any ground
of appeal which involves a question
of law alone;
(b) if a female convicted of an offence
punishable with death, from the
finding of a jury on proceedings
under section 167 of the Criminal Law
(Procedure) Act, that she is not
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Determination
of appeals in
ordinary cases.
[21 of 1978]
pregnant;
(c) 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 a question of
mixed law and fact, or any other
ground which appears to the Court or
judge to be a sufficient ground of
appeal; and (d) with the leave of the
Court of Appeal against the sentence
13. (1) The Court of Appeal on any such appeal
against conviction shall allow the appeal if they think that
the verdict of the jury should be set aside on the ground that
it is unreasonable or cannot be supported having regard to
the evidence, 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 on
any ground there was a miscarriage of justice, and in any
other case shall dismiss the appeal:
Provided that the court may, notwithstanding that
they are of opinion that the point raised in the appeal might
be decided in favour of the appellant, dismiss the appeal if
they consider that no substantial miscarriage of justice has
actually occurred.
(2) Subject to the special provisions of this Part the
Court of Appeal shall, if they allow an appeal against
conviction, quash the conviction and direct a judgment and
verdict of acquittal to be entered, or if the interests of justice
the sentence is one fixed by law.
(d) passed on his conviction, unless
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Powers of Court
of Appeal in
special cases
so require, order a new trial.
(3) On an appeal against conviction or sentence the
Court of Appeal shall, if they think that a different sentence
should have been passed, quash the sentence passed at the
trial, and pass such other sentence warranted in law by the
verdict (whether more or less severe) in substitution therefor
as they think ought to have been passed, and in any other
case shall dismiss the appeal.
14. (1) If it appears to the Court of Appeal that an
appellant, thought 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 confirm the sentence passed on the appellant
at the trial or pass such sentence in substitution therefor as
they think proper and as may be warranted in law by the
verdict on the count or part of the indictment, on which the
Court of Appeal consider 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 returned
by the jury a judgment 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
consider that a wrong conclusion has been arrived at by the
court before which the appellant has been convicted on the
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c. 10:01

Re-vesting and
restitution of
property on
conviction.
c. 90:10
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 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) If on any appeal it appears to the Court of
Appeal that, although the appellant was guilty of the act or
omission charged against him, he was of unsound mind at
the time the act was done or the omission made so as not to
be responsible for his actions according to law, the Court of
Appeal may quash the sentence passed at the trial and order
that the appellant be kept in custody as a criminal lunatic
under section 179 of the Criminal Law (Procedure) Act in
the same manner as if a special verdict had been found by
the jury under that Act.
15. (1) The operation of any order for the restitution of
any property to any person made on a conviction on
indictment, and the operation, in case of any such
conviction, of section 25(1) of the Sale of Goods Act as to re-
vesting of the property in stolen goods on conviction, shall
(unless the court before whom the conviction takes place
direct to the contrary in any case in which, in their 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 the
conviction; and
(b) 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
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Supplementary
powers of Court
of Appeal.
operation of the said provisions, is suspended until the
determination 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. 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.
(2) 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.
16. For the purposes of this Part, the Court of Appeal
may, if they think it necessary or expedient in the interests of
justice—
(a) exercise any or all of the powers
conferred by section 8 on the Court of
Appeal (other than those contained in
paragraph (d) thereof) but in the
application of section 8 aforesaid to an
appeal in any criminal cause or
matter, for the words “any party” and
“that party” in paragraph (c) thereof,
there shall be substituted the words
“the appellant”;
(b) 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
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Admission of
appellant to bail
and custody
when attending
court.

Computation
and com-
mencement of
sentence.
consideration of any evidence
that was not given at the trial;
and
(ii) whenever the Court of
Appeal receive further
evidence they shall make such
order as will secure an
opportunity to the parties to the
proceedings to examine every
witness whose evidence is
taken.
17. (1) An appellant who is not admitted to bail shall,
pending the determination of his appeal, be treated as a
prisoner awaiting trial.
(2) The Court of Appeal may, if it seems fit, on the
application of an appellant, admit the appellant to bail
pending the determination of his appeal.
18. (1) When an appellant is admitted to bail under
this Part, the time during which he is at large after being so
admitted shall be disregarded in computing the term of any
sentence to which he is for the time being subject.
(2) Subject as hereinafter provided, six weeks of
the time during which any appellant when in custody is
treated pending the determination of his appeal as a
prisoner awaiting trial, or the whole of that time if less than
six weeks, shall be disregarded in computing the term of any
sentence to which he is for the time being subject:
Provided that—
(a) the foregoing provisions of this
section shall not apply where leave to
appeal is granted under this Part or
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Time for
appealing.

Stay of
execution.
any such certificate as is mentioned in
section 12 has been given for the
purpose of the appeal;
(b) in any other case the Court of Appeal
may direct that no part of the said
time or such part thereof as the Court
think fit (whether shorter or longer
than six weeks) shall be
disregarded as aforesaid.
(3) Subject to the foregoing provisions of this
section, the term of any sentence passed by the Court of
Appeal in substitution for a sentence passed on the
appellant in the proceedings from which the appeal is
brought shall, unless the Court otherwise direct, begin to
run from the time when it would have begun to run if
passed in those proceedings, and references in this section to
any sentence to which an appellant is for the time being
subject shall be construed accordingly.
19. (l) Where a person convicted desires to appeal
under this Part to the Court of Appeal, or to obtain the leave
of that Court to 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 appeal or
notice of an application for leave to appeal may be given,
may be extended at any time by the Court of Appeal.
20. In the case of a conviction involving sentence of
death or corporal punishment—
(a) the sentence shall not in any case be
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Judge’s notes
and report to be
furnished.

Legal assistance
to appellant.

Costs of appeal.
executed until after the expiration of
the time within which notice of
appeal or of an application for leave
to appeal may be given under section
19; 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.
21. The judge of any court before whom a person is
convicted shall, in the case of an appeal under this Part
against the conviction or against the sentence, or in the case of application for leave to appeal under this Act, furnish to
the Registrar of the Supreme Court in accordance with rules
of court, his notes of the trial; and shall also furnish to the
Registrar of the Supreme Court in accordance with rules of
court a report giving his opinion upon the case or upon any
point arising in the case.
22. The Court of Appeal may at any time assign to an
appellant a counsel in any appeal under this Part or in any
proceedings preliminary or incidental to such an appeal in
which, in the opinion of the Court, it appears desirable in the
interests of justice that the appellant should have legal aid,
and that he has not sufficient means to enable him to obtain
that aid.
23. (1) On the hearing and determination of an appeal
or any proceedings preliminary or incidental thereto under
this Part no costs shall be allowed on either side.
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Right of
appellant to be
present.

Duty of
(2) The expenses of any counsel assigned to an
appellant under this Part, and the expenses of any witness
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 of
moneys provided by Parliament for the purpose, up to an
amount allowed by the Court, but subject to any rules of
court as to rates and scales of payment and in the manner
expressed by such rules of court.
24. (1) An appellant, notwithstanding that he is in
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
of Appeal 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
argument in writing, and any case or argument so presented
shall be considered by the Court.
(3) The power of the Court of Appeal to pass any
sentence under this Act may be exercised notwithstanding
that the appellant is for any reason not present.
25. (1) It shall be the duty of the Attorney-General in
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Attorney-
General.

Powers which
may be
exercised by a
judge of the
Court.
[20 of 1961
O. 37/1966A]
civil matters and the Director of Public Prosecutions in
criminal matters to appear or to instruct counsel to appear
for the State on every appeal brought under this Part.
(2) Provisions shall be made by rules of court for
the transmission to the Attorney-General or the Director of
Public Prosecutions, as the case may be, of all such
documents, exhibits, and other things connected with the
proceedings as he may require for the purpose of his duties
under this section.
26. (1) The powers of the Court of Appeal under
this Part—
(a) to give leave to appeal;
(b) to extend the time within which notice
of appeal, or of 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,
may be exercised by any judge of the Court in the same
manner and subject to the same provisions as they may be
exercised by the Court; but if the judge refuses an
application on the part of the appellant to exercise any such
power 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 Part.
(2) The powers conferred on a judge of the Court
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Case stated or
question of law
reserved.
of Appeal under subsection (1), may be exercised by a judge
of the Court sitting in chambers in such places as the
Chancellor may, subject to rules of court, appoint.
27. (1) Where any person is convicted on indictment in
the High Court, the judge may state a case or reserve a
question of law 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; or
(b) order that such judgment be set aside
and quash the conviction and direct a
judgment and verdict of acquittal to
be entered; or
(c) order that such judgment be set aside,
and give instead thereof the judgment
which ought to have been given at the
trial; or
(d) require the judge by whom such case
has been stated or question has been
reserved to amend such statement 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 their opinion, shall have power,
if they think fit, to cause the case or certificate to be sent back
for amendment and thereupon the same shall be amended
accordingly.
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Provisions of
this Act
applicable to
proceedings
under section
27.
Case stated by
judge at
request of Court
of Appeal.
[20 of 1961
O. 37/1966A]

Prerogative of
mercy.

28. Where a case is stated or a question of law
reserved for the consideration of the Court of Appeal,
sections 17, 18, 20, 22, 23, 24, 25 and 26 shall apply to such
proceedings in like manner as to an appeal.
29. In the case of an appeal which involves a question
of law alone, the Court of Appeal may, if they think fit,
request the judge before whom the case was tried to state
the question together with all the circumstances under
which the said question has arisen in such manner as may be
prescribed by rules of court.
30. Nothing in this Act shall affect the prerogative of
mercy, but in the case of any petition praying for the
exercise thereof and having reference to the conviction of a
person on indictment or by court-martial or to the sentence
passed on a person so convicted, other than sentence of
death required by law to be so passed, the President acting
in accordance with the advice of the Minister designated to
advise on such exercise may at any time either—
(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
(b) if the assistance of the Court of
Appeal on any point arising in the
case is desired with a view to the
determination of the petition, refer
that point to the Court for their
opinion thereon, and the Court shall
consider the point so referred and
furnish to the President their opinion
thereon accordingly.
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Appeals from
inferior courts.

Provisions of
this Act
applicable to
proceedings
31. (1) Where the Full Court makes an order on appeal
from an inferior court in a criminal cause or matter, any
party to such appeal may appeal to the Court of Appeal
from the order of the Full Court—
(a) upon any ground which involves a
question of law alone; or
(b) where the appeal to the Full Court is
against an order which disqualifies
the appellant from the exercise of his
profession or calling, from the
holding of public office, from
membership of a public body, or from
voting at an election of
representatives to any such body,
upon any ground of appeal which
involves a question of fact alone or a
question of mixed law and fact, or any
other ground which appears to the
Court of Appeal to be a sufficient
ground of appeal.
(2) No appeal shall lie under subsection (1) except
with the leave of the Full Court or of the Court of Appeal.
(3) Upon the determination of an appeal under this
section, the Court of Appeal may affirm or set aside the
order of the Full Court and where any such order is set
aside, the Court of Appeal may make any order which ought
to have been made at the trial or make such other order as
justice requires.
32. Sections 15, 17, 18, 19, 20 and 22 to 26 (inclusive)
shall apply to the proceedings in any appeal brought under
section 31 subject to the following modifications—
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under section
31.

Reference to
Court of Appeal
of point of law
following
acquittal on
indictment.
[21 of 1978]
(a) as if the word “appeal” in relation to
appeals under section 31 referred to
an appeal from an order of the Full
Court upon appeal from an inferior
court in any criminal cause or matter;
(b) as if for the words “the date of
conviction” in section 15(1) and in
section 19, there were substituted the
words “the order of the Full Court”.
32A. (1) Where a person tried on indictment has been
acquitted (whether in respect of the whole or any count
thereof), the Director of Public Prosecutions may, if he
desires the opinion of the Court of Appeal on a point of law
which has arisen in the case, refer that point of law to the
Court, and the Court shall, in accordance with this section,
consider the point and give their opinion on it.
(2) For the purpose of their consideration of a point
of law referred to them under this section, the Court of
Appeal shall hear arguments—
(a) by, or by counsel on behalf of, the
Director of Public Prosecutions; and
(b) if the acquitted person desires to
present any argument to the Court, by
himself, or by counsel on his behalf.
(3) Where, on a point of law being referred to the
Court of Appeal under this section, the acquitted person
appears by counsel for the purpose of presenting any
argument to the Court, he shall be entitled to the payment of
his costs, that is to say, such sums as are reasonably
sufficient to compensate him for expenses properly incurred
by him for the purpose of being represented on the
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Jurisdiction of
the Court of
Appeal under
Part III
exclusively
Definition.
[4 of 2010]

Right of
Director of
Public
Prosecutions to
appeal.
[4 of 2010]
reference.
(4) Rules of Court may be prescribed for the purpose
of regulating the practice and procedure on any reference
under this section and, in the absence of any such rules, the
Court of Appeal may, on any reference under this section,
give such directions as they think fit for the purpose of
carrying out and giving effect to the provisions of this
section.
(5) A reference under this section shall not affect the
trial in relation to which the reference is made or any
acquittal at that trial.
33. The jurisdiction conferred on the Court of Appeal
under this Part to hear and determine appeals, cases stated
and questions of law reserved shall be to the exclusion of the
jurisdiction of any other court.
PART IIIA
APPEALS BY THE DIRECTOR OF PUBLIC
PROSECUTIONS
33A. In this part “respondent” means the person
whose acquittal or whose sentence is subject of an appeal by
the Director of Public Prosecutions.
33B. (1) Notwithstanding section 32A, the Director of
Public Prosecutions may appeal under this Part to the Court
of Appeal –
(a) against a judgement or verdict of
acquittal of an accused person in
proceedings by indictment in the
High Court when the judgement or
verdict is the result of –
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(i) a decision by the trial judge to
uphold a submission that there
is no case to answer or
withdraw the case from the
jury, on any ground of appeal
which involves a question of
law or evidence;
(ii) a decision by the trial judge to
uphold a submission that there
is a defect in the depositions or
the committal of the accused
person for trial or the
indictment;
(iii) a decision by the trial judge to
exclude material evidence
sought to be adduced by the
prosecution;
(iv) the trial judge’s substantial
misdirection of the jury in the
course of the judge’s
summation on the law or facts
or on a mixed question of law
or fact; or
(v) a material irregularity in the
trial.
(b) against the sentence passed on a
person convicted by the High Court
in proceedings by indictment, on the
ground that—
(i) the sentence is one
which the Court had no
power to pass;
(ii) the sentence is
manifestly inadequate;
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Procedure and
time for
appealing
[4 of 2010]
or
(iii) the sentence is wrong in
principle.
(2) For the purposes of this section a judgement or
verdict of acquittal includes an acquittal in respect of an
offence specifically charged notwithstanding that the
accused has on the trial been convicted of another offence.
33C. (1) Where the Director of Public Prosecutions
elects to appeal to the Court of Appeal against a verdict of
acquittal or sentence the Director of Public Prosecutions
shall, before the trial judge discharges the accused persons
or orders otherwise, serve on the Court a notice of intention
to appeal and inform the Court orally of the intention to
appeal against the verdict of the Court.

(2) The Director of Public Prosecutions, after
notifying the Court in Accordance with subsection (1), shall
file with the Court a notice of appeal and the grounds of
appeal within fourteen days of the date of the verdict of
acquittal or sentence passed.

(3) The Court of Appeal or a judge of the Court
may at any time extend the time within which notice of
appeal may be given.

(4) An appeal made under this section shall have
the effect of suspending the execution of the decision,
judgement or other order appealed from until the final
determination by the appeal proceedings, except that the
Court may, having regard to the gravity of the offence,
release the accused on bail on conditions that shall ensure
that the accused attend the appeal proceedings and abide by
the results of the proceedings.
(5) The right of appeal conferred on the Director
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Power of Court
on appeal from
acquittal.
[4 of 2010]

of Public Prosecutions by section 34B shall be limited to the
following offences –
(a) murder;
(b) treason;
(c) manslaughter;
(d) rape, defilement and other sexual
offences;
(e) piracy, hijacking, terrorism;
(f) money laundering;
(g) robbery;
(h) drug offences;
(i) burglary;
(j) housebreaking;
(k) theft;
(l) offences involving dishonesty;
(m) firearms offences;
(n) conspiracies and attempts to commit
the offences referred to in paragraphs
(a) to (k);
(o) aiding and abetting a person who
commits the offences referred to in
paragraphs (a) to (n).
(6) The Minister responsible for Legal Affairs may
by order, subject to affirmative resolution of the National
Assembly, amend subsection (5) by adding to or deleting
from it an offence.
33D. On an appeal from an acquittal the Court of
Appeal may –
(a) dismiss the appeal; or
(b) allow the appeal, set aside the verdict,
and order a new trial.
L.R.O. 1/2012
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Power of Court
on appeal
against sentence
by the Director
of Public
Prosecutions.
[4 of 2010]


Judge’s notes
and report.
[4 of 2010]

33E.Where an appeal brought by the Director of
Public Prosecutions is against the sentence, the Court of
Appeal shall consider the adequacy of the sentence appealed
against, and may, on evidence as it thinks fit to require or
receive –
(a) vary the sentence, within the limits
prescribed by law, for the offence of
which the accused was convicted; or
(b) dismiss the appeal.
33F. (1) Where, under this Part, an appeal is lodged,
the judge who presided at the trial shall furnish to the
Registrar of the Supreme Court, in accordance with Rules of
Court, the Judge’s notes of the trial and a report giving the
judge’s opinion on the case or on any point arising in the
case.
(2) The Registrar shall furnish to the Court of
Appeal, together with the judge’s notes and report, a copy or
transcript of –
(a) the evidence taken at the trial;
(b) the charge to the jury, if any, and the
reasons for judgement, if any, except
in so far as it is dispensed with by
order of a judge of that court.
(3) A copy of the judge’s charge to the jury, if any,
and any objections that were made to it shall, before the copy
or transcript is transmitted to the Court of Appeal pursuant
to subsection (2), be submitted to the judge who presided at
the trial, and if the judge refuses to certify that the charge
and objections are accurately set out, the judge shall
immediately certify to the Court of Appeal –
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Right of
respondent to be
present.
[4 of 2010]

Legal assistance
to respondent.
[4 of 2010]
Cost of appeal.
[4 of 2010]
(a) the reasons for the judge’s refusal;
and
(b) the charge that was given to the jury,
if any, and any objections that were
made to it.
(4) A party to the appeal is entitled to receive upon
payment of the charges as may be fixed by Rules of Court a
copy or transcript of any material that is prepared under
33G. (1) Notwithstanding that a respondent is in
custody, the respondent shall, on the hearing of an appeal
under this Part, be entitled to be present in court if the
ground involving a question of law alone.
(2) On any proceedings preliminary or incidental
to an appeal, a respondent shall not be entitled to be present,
except where Rules of Court otherwise provide, or where the
court gives the respondent leave to be present.
(3) The power of the Court of Appeal to make an
order under this Part may be exercised notwithstanding that
the respondent is for any reason not present.
33H. The Court of Appeal may at any time assign to a
respondent an Attorney at law, in any appeal or proceeding
preliminary or incidental to an appeal, in which, in the
opinion of the Court, it appears desirable in the interest of
justice that the respondent should have legal aid, and that the
respondent has not sufficient means to obtain that aid.
33I. (1) On the hearing and determination of an appeal
or any proceedings preliminary or incidental to an appeal
under this Part, the Court shall not make any order as to
subsections (1), (2) and (3).
respondent so desires, except where the appeal is on a
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Duties of
Registrar.
[4 of 2010]
costs on either side.
33J. (1) The Registrar shall take all necessary steps for
obtaining a hearing under this Part of any appeal, notice of
which is given to the Registrar under this Act, 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 respondent was
tried which appear necessary for the proper determination of
the appeal.
(2) If it appears to the Registrar that a notice of
appeal against an acquittal, which purports to be on a
ground of appeal that involves a question of law alone, does
not show substantial ground of appeal, the Registrar may
refer the appeal to the Court of Appeal for summary
determination, 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 person to attend the hearing.
(3) Any documents, exhibits, or other things
required in connection with an appeal under this Part shall
be kept in 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 power as may be
given by the rules for the conditional release of any such
documents, exhibits, or things from that custody.
(4) Where a person named as a respondent in a
notice of appeal made under this Part is in prison, all
documents relating to the notice shall be served on that
person in the prison.
(5) The Registrar shall report to the Court of
Appeal or a judge of that court any case in which it appears
to the Registrar that although no application has been made
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Powers which
may be
exercised by a
Judge of the
Court.
[4 of 2010]

Appeals to the
Caribbean Court
of Justice.
[4 of 2010]
Sections 11 to 33
to apply.
[4 of 2010]


Justices of
Appeal.
for the purpose, an attorney at law ought to be assigned to a
respondent under the powers given to that court by this Part.
33K. The powers of the Court of Appeal under this
Part –
(a) to extend the time in which notice of
appeal may be given;
(b) to assign legal aid to a respondent; or
(c ) to allow the respondent to be present
at any proceedings in cases where the
respondent is not entitled to be
present without leave,
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
refuses an application of the respondent to exercise any of
the power in the respondent’s favour, the respondent shall be
entitled to have the application determined by the Court as
duly constituted for the hearing and determining of appeals
under this Act.
33L. An appeal from a decision of the Court of Appeal
under this Part shall lie to the Caribbean Court of Justice as
of right.
33M. Where this Part does not make provision for
any of the matters provided for in sections 11 to 33 those
sections in relation to those matters in so far as they are
applicable to this Part, as suitably modified shall apply.
PART IV
MISCELLANEOUS
34. (1) The judges of the Court of Appeal shall include
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[O. 37/1966A
24 of 1970
21 of 1978]

Precedence of
judges.


not less than two and not more than five Justices of Appeal.
(2) Nothing in subsection (1) shall be deemed to
invalidate the constitution of the Court in case of any
vacancy in respect of the office of a Justice of Appeal.
(3) Notwithstanding anything to the contrary in
subsection (1) the Chancellor may request the attendance at
any time of any judge of the High Court to sit as an
additional judge of the Court of Appeal at any sittings of the
Court, and any judge whose attendance is so requested shall
attend accordingly.
(4) Every judge who sits as an additional judge of
the Court of Appeal in pursuance of such a request shall,
during the time he so sits, have all the jurisdiction and
powers of a judge of the Court of Appeal but shall not
otherwise be deemed to be a judge of that Court or to have
ceased to be a judge of the High Court.
(5) Any such additional judge of the Court of Appeal
shall, although the period has expired during which his
attendance was requested, attend the sittings of the Court of
Appeal for the purpose of giving judgment or doing any
other thing in relation to any case which may have been
heard by the Court of Appeal during his attendance on the
Court of Appeal.
35. (1) The Chancellor shall have precedence over all
other judges of the Supreme Court.
(2) The Chief Justice shall have precedence over all
Justices of Appeal.
(3) The Justices of Appeal shall rank among
themselves according to the priority of the dates on which
they became Justices of Appeal, respectively, and shall have
precedence over Puisne Judges.
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Qualification.
c. 1:01

Number of
judges at sitting.


Distribution of
business of
Court of
Appeal.

Functions of
Registrar.
36. The period for which a person is required to have
been qualified for admission as an advocate within the
meaning of the Constitution for the purpose of qualification
for appointment to hold or act in the office of a judge of the
Court of Appeal, shall be ten years.
37. The number of judges of the Court of Appeal who
may sit for any purpose may be prescribed by rules of court
or, subject to any such rules, be fixed from time to time by
the Chancellor:
Provided that—
(a) an uneven number of judges shall sit, which,
for the purpose of any final determination
by the Court of an appeal or a case stated or
reserved question of law, shall not be less
than three; and
(b) any determination by the Court of Appeal
on any matter (whether final or otherwise)
shall, where more than one judge sits, be
according to the opinion of a majority of the
judges who sit for the purpose of
determining that matter.
38. The Chancellor may determine the distribution of
business before the Court of Appeal among the judges
thereof and, subject to section 38, may assign any judicial
duty to any such judge or judges:
Provided that the Chief Justice shall not sit as a judge of
the Court of Appeal in any proceedings with reference to an
appeal from any judgment given, or to a case stated or
question of law reserved, by himself.
39. The Registrar of the Supreme Court shall have
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Rules of court.
[4 of 1972]
such authority, powers and duties as shall be necessary for
the due conduct and discharge of the business of the Court of
Appeal and as may be assigned to him by rules of court or
any other laws or, subject thereto, by the Chancellor and,
without prejudice to the generality of the foregoing and
subject as aforesaid, the Registrar may, with the general or
special approval of the Chancellor, depute executive officers
or other persons employed in the carrying on of the business
of the Supreme Court, and shall depute them on the
Chancellor’s general or special instructions, to exercise such
authority or carry out such functions in respect of the
business of the Court of Appeal as it is considered
convenient for them to exercise or carry out, due regard
being had to their employment as aforesaid, and the
Registrar may, with the like approval, and shall, on the like
instructions, rescind any arrangements made in that respect
by him under this section
Provided that, in giving any such instructions or
approval with respect to any officers or other persons
employed in the carrying on of the business of the High
Court, the Chancellor shall act after consultation with the
Chief Justice.
40. The authority empowered by law to make
rules of court regulating the practice and procedure of the
High Court may make rules of court for all or any of the
following purposes:
(a) for regulating and prescribing the
procedure and practice to be adopted
on appeals and applications to the
Court of Appeal or with respect to
any appeal to the Judicial Committee
under article 92 of the Constitution
and in all other matters whatsoever in
or with respect to which the Court has
for the time being jurisdiction, and
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any matters incidental to or relating to
any such procedure or practice,
including but without prejudice to the
generality of the foregoing provision,
the manner in which and the time
within which, any proceedings
which under this or any other law are to
be taken in any of the aforementioned
matters shall be taken;
(b) for regulating and prescribing the
procedure on any hearing by the
Court of Appeal or a judge thereof and,
without prejudice to the generality of
the foregoing, prescribing the cases in
which and the conditions upon which,
an appellant in a criminal appeal shall
be entitled to be present at the hearing
thereof and providing for summary
determination of any appeal which
appears to the court to be frivolous,
vexatious or brought for purposes of
delay;
(c) for regulating the places and times of
the sittings of the Court of Appeal and
of the judges of that Court in chambers;
(d) for regulating and prescribing any
matters relating to the costs and fees
(whether of counsel or the Registrar
or in connection with any other
charges or expenses) in respect of
any matters or proceedings in the
Court of Appeal;
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Additional
powers of Court
of Appeal.

Practice and
procedure.
[4 of 1972]
(e) for regulating the right of practicing
before the Court of Appeal and the
representation of persons concerned
in any proceedings in such Court;
(f) for prescribing offices to be held by,
and for regulating and prescribing the
functions of, persons employed in the
carrying on of the business of the
Court of Appeal;
(g) for regulating vacations to be
observed by the Court of Appeal and
in the offices of the Court
respectively;
(h) for the hearing during vacation by the
judges of the Court of Appeal of all
such applications as may require to be
immediately or promptly heard.
41. Subject to this Act and rules of court, the Court of
Appeal shall, in addition to the jurisdiction, powers and
authorities vested in it by virtue of the provisions of this Act
apart from this section, have and may exercise any other
jurisdiction, power or authority which is analogous to any
jurisdiction, power or authority belonging or incident
immediately before the 26th May, 1966, to the British
Caribbean Court of Appeal as a court of appeal for Guyana.
42. (1) In so far as may be, the practice and procedure
of the Court of Appeal shall, in all respects in which the same
are not regulated by virtue of this Act, correspond to the
existing practice and procedure of the British Caribbean
Court of Appeal in respect of appeals to that Court from
Guyana and in respect of appeals in such cases from that
Court to the Judicial Committee of the Privy Council.
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(2) The Court of Appeal Rules (formerly entitled
the Federal Supreme Court (Appeals from British Guiana)
Rules, 1959) shall have effect for all purposes as if they had
been made under section 41 of this Act.
(3) In this section “existing” means existing at the
date immediately preceding the coming into operation of this
Part.
__________________


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SUBSIDIARY LEGISLATION
_________________

THE COURT OF APPEAL RULES
ARRANGEMENT OF RULES
RULE
ORDER I
PRELIMINARY
1. Citation
Definitions
2. Interpretation
Appeals Generally
3. Form in Appendices A and C to be used.
4. Times of sittings and vacation.
5. Notice of sittings.
6. Right of audience.
7. Register of appeals brought.
8. Enlargement of time and departure from rules.
9. Service of documents.
Waiver for non-compliance
10. Waiver for non-compliance with rules
Practice and Procedure
11. Practice and procedure in the absence of special
provision.
ORDER II
CIVIL APPEALS
Notices of Appeal, cross appeal, and preliminary objection
1. Notice and grounds of appeal.
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[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
RULE
2. Appeal by leave only.
3. Time limits for appealing.
Extension of time for appealing
4. Service of notice of appeal.
5. Notice by respondent of contention that
judgement should be varied.
6. Amendment of notice of appeal or of
respondent’s notice.
7. Notice of preliminary objection to be filed.
The Record
8. Settling record.
9. Evidence.
10. Copies of proceedings in Court below.
11. Printing or typing of records
12. Copy of list of exhibits.
12A. Registrar to notify parties that documents are
ready and may be obtained
13. Entering appeal.
Transmission of the record.
Withdrawal and non-compliance
14. Withdrawal of appeal.
15. Default in filing record and documents.
Applications
16. Applications to single Judge
17. Application to Court below
18. Mode of application.
19. Appeal no stay except by order.
20. Application for security for cost.
Bond.
21. Application for leave to appeal in forma
pauperis.
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Hearing and Judgments
22. Interlocutory appeals. Numbers of Judges.
23. Dismissal of appeal in default of appearance.
24. Application to re-enter appeal dismissed
under Order II, rule 23.
25. Non-appearance of respondent.
26. Application to set aside ex parte judgement.
27. Delivery of judgment.
28. Execution of judgment by Court below.
Fees and Costs
29. Court fees
Government exempt from payment of fees
30. Legal Practitioners’ fees
31. Fees not chargeable under rules 29 and 30.
32. Taxation of costs.
Notice of taxation.
Objections of taxation.
Review of taxation by Taxing Officer.
ORDER III
APPEALS AGAINST CONVICTION ON
INDICTMENT
Institution of Appeals
1. Obligation on applicant fill up forms of
appeals notices and answer questions
thereon.
2. Judge’s certificate under section 15(c) of the
Act.
3. Notices to be signed by appellant.
Signature on notices of appeal and other
notices.
Service of documents on person in prison.
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Where appellant unable to write.
Where question of insanity involved.
Notice, etc., on behalf of corporation.
4. Time for appealing against conviction to run
from verdict.
5. Time for appealing against sentence to run from
pronouncement of sentence.
6. Notice of application for extension of time for
appealing.
Copies of Proceedings, etc.
7. Forwarding of proceedings in Court below to
Registrar.
8. Records of summing up.
Shorthand note to be verified by the writer.
Transcript to be furnished on application to
Registrar.
Verification of transcript for use of Court.
Party interested may obtain transcript.
Party interested may obtain transcript for the
Registrar.
Definition of “party interested”.
Transcript of shorthand notes or Judge’s notes
not to be supplied free, except by order of Court.
Judge’s Report
9. Report of Judge of Court below.
10. Furnishing Judge of Court below with materials
for report.
Copies of Documents for use of Appellant or Respondent
11. How appellant or respondent may obtain from
Registrar of Court below copies of documents

L.R.O. 1/2012
RULE
and exhibits.
Counsel and solicitor assigned to appellant may
receive copies or documents and exhibits free on
request.
Appellant not legally represented may obtain
copy of documents or exhibits free.
Conduct of Prosecution and Defence
12. Registrar to require proper officer of Court below
to furnish him with particulars, etc., of trial.
Registrar to notify Director of Public Prosecutions
or prosecutor, if a private person, of receipt of
notice of appeal.
Prosecutor to afford all information, documents,
etc., to Registrar and Director of Public
Prosecutions.
Legal Aid to Appellants
13. List of counsel for purposes of the Act.
Legal aid to be provided from such lists.
Proceedings Before a Single Judge
14. Procedure on decision of application to single
Judge.
Application not specially provided for, how
made.
15. Notice of application for leave to appeal deemed
to be notice of appeal if application granted.

Suspension of Orders and Admission to Bail
16. Persons in custody in default of payment to fine.
Power of Court of Trial to impose recognizances.
Appellant committing breach of recognizances.
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Repayment of fine on success of appeal.
17. Temporary suspension of order made on
conviction as to money, awards, costs, etc.
Suspension of disqualifications consequent on
conviction.
Judge’s directions as to property of convicted
person pending appeal.
Judge’s directions as to securing payment of
money by convicted person pending appeal.
Suspension of order of destruction of forfeiture of
property.
Suspension of proceedings or claims consequent
on conviction.
Period of suspension or order under section 15 of
Act.
Person affected may appear.
Procedure on application for Bail, Right of Sureties.
Estreat of Recognizances.
18. Appellant and surety’s recognizances before whom
to be taken.
Appellant and prison officer to receive notice of
terms of bail.
Form of recognizances.
Registrar on receiving recognizances in due form to
notify officer of prison to release appellant.
Presence of appellant on bail at hearing of his
appeal.
Warrant for apprehension of appellant on bail.
Varying order for bail.
Power to revoke order for bail.
Provisions for sureties discharging their obligation.
How appellant on bail to be dealt with on arrest
at instance of sureties.
Arrest and commitment of appellant to be notified

L.R.O. 1/2012
RULE
to Registrar by clerk.
Officer in charge of prison on commitment of
appellant to notify Registrar.

Abandonment of Appeal
19. Abandonment of Appeal.
Determination of Appeal
20. Varying order of restitution of property.
21. Judgments of the Court.
22. Notification of final determination of appeals.
Notification of appeals in capital cases.
Notification of result of appeal.
23. Entry of decision of Court on Records.
24. Restrictions on issue of certificate of conviction.
Procedure as to Witnessed before Court and their
examination before Examiner
25. Attendance of witness before the Court.
Application to Court of hear witnesses.
Order appointing examiner.
Furnishing examiner with exhibits, etc.,
necessary for examination.
Notification of date of examination.
Evidence to be taken on oath.
Deposition of witness, how to be taken.
Expenses of witness, before examiner.
Presence of parties at examination of witnesses.
26. Proceeding on reference.
Case stated under Section 27 of the Act
27. Judge to forward special case to Registrar and copies
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28. to be supplied to appellant and respondent.
These Rules to apply to convicted persons
where case stated under sections 27 of the Act.
Application of following rule to sections 27 of
the Act.
Duties of Registrar
29. Duties of Registrar with respect to notices of
appeal, etc.
30. Custody of exhibits pending determination of
appeal.
ORDER IV
APPEALS FROM FULL COURT’S ORDER ON
APPEAL
FROM INFERIOR COURTS
1. Institution of appeals under section 31 of the
Act.
2. Certificate of Registrar of Full court granting
leave to appeal.
3. Ascertainment of date of order of Full Court.
4. Time limit for appealing.
5. Notice of application for extension of time for
appealing.
6. Signature and service of notices.
7. Record of appeal.
8. Application of Rules 11, 13, 14 of order III.
9. Presence of appellant at proceedings in the
Court.
10. Notification of application if granted.
11. Bail.
12. Temporary suspension of orders.
13. Varying order of restitution of property.
L.R.O. 1/2012
RULE
14. Application of Rules 19, 22(1), 23, 25, 26, and 27
of Order III.
APPENDIX A
Civil Forms
APPENDIX B

PART I
Fees of Court in Civil Appeals.
To be paid to the Deputy Registrar of the Federal
Supreme Court under Order II, rule 29.

PART II
Fees payable to Court from which appeal is
brought under Order II, rule 29.
PART III
Legal Practitioner’s Fees in Civil Appeals
Schedule of Allowances.
PART IV
Witnesses, Interpreters, Special Commissioners
and Examiners Fees.
APPENDIX C
Criminal Forms
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The Chief Justice of The West Indies and two other Judges of the
Federal Supreme Court selected by him in exercise of the powers
conferred upon them by Section 7 of the British Guiana (Appeals)
Order in Council, 1957, and of all other powers enabling them in
that behalf, hereby make the following Rules –
Rules made
28/2/1959
(1959 Sub.
Leg. p. 30).
20/12/1960
(1960 Sub.
Leg. p. 303)
O. 37/1966A
R. 1/1970
2/1971
4/1972
ORDER I
Citation 1. (1) These Rules may be cited to the Court of Appeal
Rules.
(2) These Rules shall apply to appeals to the Court of
Appeal from the High Court.
Definitions
Interpretation
[O. 37/1966A
R. 1/1970]
2. In these Rules –
“the Act” means the Court of Appeal Act;
“appellant” means the party appealing from a judgment,
conviction, sentence or order and includes his legal
representative;
“Attorney-General” means the Attorney-General of Guyana;
“Court” means the Court of Appeal;
“Court below” means the court from which the appeal is
brought;

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“existing” means existing immediately before the
commencement of these Rules;
“file” means file in a Registry, and “filed” and “filing” have
corresponding meanings;
“Full Court” means the Full Court of the High Court;
“Judge” includes the presiding officer of any Court from
which an appeal lies to the Court;
“legal representative” means any attorney- at – law admitted
to practice as such in any part of Guyana whether or not
he has the right of audience in the Court;
“magistrate” includes every person exercising jurisdiction,
whether full or limited, in a court of summary
jurisdiction;
“order” includes decree, judgment, sentence or decision of a
court below or a judge thereof;
“party” means any party to the appeal and includes his legal
representative;
“Prison Authority” means the head or person in charge of
Prisons in Guyana and includes his deputy or other
officer discharging his duties;
“record” means the aggregate of papers relating to an appeal
(including the pleadings, proceedings, evidence and
judgments) and required by these Rules to be filed or
laid before the Court on the hearing of the appeal;
“Registrar” means the Registrar of the Supreme Court and
includes a Deputy Registrar or other officer for the time
being discharging the duties of the Registrar or Deputy
Registrar;
“respondent”—(a) in a civil court means any party (other
than the appellant) directly affected by the
appeal;
(b) in a criminal appeal where the State is
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Forms in
Appendices A
and C to be
used.

Times of
sittings and
vacation.
[O.37/1966A
Rl. 2/1986]

Notice of
Sittings.
[O. 37/1966A]
not an appellant, means the person who
under the Act has the duty of appearing for
the State or who undertakes the defence of
the appeal.

Appeals Generally
3. The forms set out in Appendices A and C to these
Rules, or Forms in form as near thereto as circumstances
permit, shall be used in all cases to which such forms are
applicable.
4. (1) Sittings of the Court shall be held at such times
and places as the Chancellor may direct; subject to such
direction, sittings (to be known as “general sittings”) shall be
held for the disposal of the appeals pending four times a year
as follows –
1st October to 21st December;
11th January to 31st March;
1st April to 31st May;
7th June to 31st July.
(2) (a) The Court will be in vacation during the
period between the ending of one general
sitting and the commencement of another
and between the Wednesday before and
the Tuesday after Easter.
(b) The Court will not sit on Saturdays and
Sundays and will not sit on public
holidays, and on such other days as the
Chancellor may direct.
5. (1) Notice of each general sitting shall be published
by the Registrar in the Gazette at least two weeks before the
date appointed for the commencement of the sitting; and, in
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Right of
audience.

Register of
appeals
brought.

the case of other sittings (to be known as “special sittings”), a
similar notice shall be so published at least one week before
the date appointed for the commencement of the sitting.
(2) The Registrar shall on the publication of the
said notices in the Gazette post up on the notice board of the
Court the cause list of the sittings:
Provided that the Court may in its discretion hear any
appeal and deal with any other matter whether or not the
same has been included in such cause list so published.
(3) This rule shall not apply to the hearing of any
matter by a single judge.
6. In all proceedings before the Court, the parties may
appear in person or be represented on appeal by any person
who has been called to the English, Irish or Scottish Bar to
practice as a Barrister and has the right of audience before the
Supreme Court.
7. (1) The Registrar shall keep separate registers of all
civil and criminal appeals brought before the Court including
in the criminal appeal register notices of application for leave
to appeal.
(2) Each register shall contain particulars of the
date on which –
(a) the notice of appeal or of application
for leave to appeal was lodged;
(b) any interlocutory order was made;
(c) the record of the appeal was received;
(d) the appeal was heard;
(e) judgment was delivered;

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Enlargement of
time and
departure from
Rules.
Service of
documents.
8. Subject to the provisions of section 19(2) of the Act
(relating to enlargement of the time within which an appeal
may be brought in a capital case to the Court), and to Order
II, 3(3) of these Rules, the Court may enlarge the time
prescribed by these Rules for the doing of anything to which
these Rules apply, or may direct a departure from these
Rules in any other way where this is required in the
interests of justice.
9. Subject to any provision contained in these Rules relating to the service of any particular document—

(1) Service of the documents mentioned in the first
column hereunder shall be served by leaving a true copy
thereof in the manner specified in the second column –
First Column Second Colum
(a) All documents required to
be served –
(i) On parties to an action
who have not filed an
address for service; and
(ii) On a person not a party
to the appeal.
(b) All documents required to
be served on parties who have
an address service.
By personal service on
the party or his
authorised agent, or
on the person not a
party;
By leaving the
document at the
address of service with
a person resident at or
belonging to such
place; or by registered
post to such address,
in which case, the time
of service thereon shall
be the time such
document would be
delivered in the
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Waiver for non-
compliance
with Rules.
Practice and
procedure in
the absence of
special
provision.
ordinary course of
post.
(2) If it is made to appear to a Judge of the Court
below upon application supported by affidavit that prompt
personal service of a document cannot be effected he may
make such order for substituted service by advertisement or
otherwise as may be just.
10. Non-compliance on the part of an appellant in
any criminal cause or matter with these Rules or with any
rule of practice for the time being in force shall not prevent
the further prosecution of his appeal if the Court considers
that such non-compliance was not wilful, and that it is in the
interests of justice that non-compliance be waived. The Court
may, in such manner as it thinks right, direct the appellant to
remedy such non-compliance, and thereupon the appeal shall
proceed. The Registrar shall forthwith notify the appellant of
any directions given by the Court under this where the
applicant was not present at the time when such directions
were given.
11. In matters of practice and procedure where no
special provision is contained in any written law or rules of
court, the jurisdiction of the Court conferred upon it by virtue
of this Order and of the Act 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 Criminal Appeal; and
(b) in relation to civil matter in the Court
of Appeal.
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Notice and
grounds of
appeal. Civil
Form 1.
ORDER II
CIVIL APPEALS
Notice of appeal, cross-appeal and preliminary objection

1. (1) All appeals shall be by way of rehearing and
shall be brought by notice (hereinafter called “the notice of
appeal”), to be filed together with two copies thereof with
Registrar, which shall set forth the grounds of appeal, state
whether the whole of part only of the decision of the Court
below is complained of (in the latter case specifying such
part), state also the nature of the relief sought and the names
and addresses of all parties directly affected by the appeal,
and be signed by the appellant or his legal representative.
(2) If the grounds of appeal allege misdirection or
error in law particulars of the misdirection or error shall be
clearly stated.
(3) The grounds of appeal shall set out concisely and
under distinct heads the grounds upon which the appellant
intends to rely at the hearing of the appeal without argument
or narrative and shall be numbered consecutively.
(4) No ground which is vague or general in terms or
which discloses no reasonable ground of appeal shall be
permitted, save the general ground that the judgment is
against the weight of the evidence and any ground of appeal
or any part thereof which is not permitted under this rule
may be struck out by the Court on its own motion or on
application by the respondent.
(5) The appellant shall not without the leave of the
Court urge or be heard in support of any ground of objection
not mentioned in notice of appeal, but the Court may in its
discretion allow the appellant to amend the grounds to
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Appeal by
leave only.
Civil Form 2.
[R. 20/12/1960]
appeal upon payment of the fees prescribed for making such
amendment and upon such terms as the Court may deem just.
(6) Notwithstanding the foregoing provisions the
court in deciding the appeal shall not be confined to the
grounds set forth by the appellant.
Provided that the Court shall not rest its decisions on any
ground not set forth by the appellant unless the respondent
has had sufficient opportunity of contesting the case on that
ground.
2. (1) Where an appeal lies by leave only, any person
desiring leave to appeal shall apply for leave within fourteen
days, either by notice of motion or by summons (whichever is
appropriate) and such application shall be made to the Court
or to the Court below or to the Judge who made the order; the
period of fourteen days shall run from the date of the decision
against which leave to appeal is sought.
(2) If leave is granted the appellant shall file a
notice of appeal as provided by rule 1 of this order within
fourteen days from the grant of leave and a copy of such
order shall be annexed to the notice of appeal.
(3) If a respondent intends, upon the hearing of a
motion brought under this rule , to apply for leave to appeal
in order to vary the decision of the Court below, he shall
within seven days of the service upon which him of the notice
of motion (or within such time as may be prescribed by
special order made on application) give written notice of such
intention to any parties who may be affected by such
contention, and in such notice shall clearly state the reasons
on which he intends to reply, and within the same period he
shall file a copy of such notice with the Registrar.
(4) If on the hearing of a motion brought under this
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Time limits
For appealing.
[R. 20/12/1960
2/1971]
c. 81:01
Extension of
time for
appealing.
rule the respondent is given leave to appeal in order to vary
the decision of the Court below, it shall not be necessary for
him to comply with the provisions of rule 5 of this Order.
(5) The provisions of paragraph (3) of rule 5 of this
Order shall apply to a notice given under paragraph (3) of
rule 2 as it does to a notice under rule 5.
3. (1) Subject to the provisions of this rule, no appeal
shall be brought after the expiration of six weeks from the
date of judgment delivered or order made, against which the
appeal is brought, provided that in the case of appeals –
(a) against an interlocutory order or judgment
the period shall be fourteen days and, where
leave to appeal against such order or
judgment is required, fourteen days from
the grant of leave;
(b) against an order or judgment made in the
matter of the winding up of a company, or
in a matter of any bankruptcy, the period
shall be twenty-one days;
and for the purposes of this paragraph the expression "date of
judgment" shall in respect of a judgment obtained upon the
registration of a certificate in accordance with section 101 of
the Income Tax Act be construed as a reference to the date of
service of a certified copy of that certificate pursuant to rule 3
of the High Court (Income Tax Recovery) Rules.
(2) An appeal shall be deemed to have been brought
when the notice of appeal has been filed with the Registrar.
(3) A judge of the Court may by order extend the
time prescribed in paragraph (1) of this rule within which an
appeal may be brought, provided an application for this
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Service of
Notice of
Appeal.

purpose is made within one month of the expiration of the
time so prescribed.
(4) In exceptional circumstances, the Court having
power to hear and determine an appeal may on application
extend the time within which an appeal may be brought
beyond the period delimited for an application to a judge of
the Court under this rule.
(5) Every application for enlargement of time
when made to a judge of the Court shall be made by
summons, and when made to the Court shall be by motion.
Every summons or notice of motion filed shall be supported
by an affidavit setting forth good and substantial reasons for
the application and by grounds of appeal which prima facie
show good cause therefor.
(6) Two copies of the summons and supporting
affidavit and four copies of the notice of motion and
supporting affidavit, in addition to the filed copies, shall be
left with the Registrar at the time of filing.
(7) When time is so enlarged a copy of the order
granting such enlargement shall be annexed to the notice of
appeal.
4. (1) A true copy of the notice of appeal shall be
served upon all parties directly affected by the appeal and it
shall not be necessary to serve any party not so affected; but
the Court may direct notice of appeal to be served on all or
any parties to the action or other proceeding, or upon any
person not a party and in the meantime may postpone or
adjourn the hearing of the appeal upon such terms as may be
just, and may give such judgment and make such order as
might have been originally parties.
(2) A true copy of the notice shall be served upon
the respondent within seven days after the original notice
has been filed.
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Notice by
respondent of
contention that
judgment
should be
Varied. Civil
Form 3
[R. 20/12/1960]

Amendment of
notice of
appeal or of
respondent’s
notice.
5. (1) If a respondent intends, upon the hearing of an
appeal, to contend that the decision of the Court below
should be varied, he shall within fourteen days after service
of the notice of appeal, or within such time as may be
prescribed by special order made on application, give written
notice of such intention to any parties who may be affected by
such contention, and in such notice shall clearly state the
reason on which he intends to rely, and within the same
period he shall file a copy of such notice with the Registrar.
(2) A copy of such notice shall be included in the
record but if the record has already been filed, the prescribed
number of copies shall be prepared forthwith and left with
the Registrar by the appellant for transmission to the Judges.
(3) The omission to give notices shall not
diminish the powers conferred by the Act upon the Court, but
may, in the discretion of the Court, be a ground for an
adjournment of the appeal, or for any special order as to costs.
6. (1) A notice of appeal or respondent's notice may be
amended—
(a) by or with the leave of the Court, at
any time;
(b) without such leave, by,
supplementary notice served, before
the date on which the appeal appears
in the cause list published in
accordance with Order 1, rule 5 upon
each of the parties upon whom the
notice to be amended was served.
(2) A party by whom a supplementary notice is
served under this rule shall, within two days after service of
the notice, furnish two copies of the notice to the Registrar.
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Notice of
preliminary
objection to be
filed. Civil
Form 4.

Settling record
of appeal. Civil
Form 5.
7. (1) A respondent intending to rely upon a
preliminary objection to the hearing of the appeal shall give
the appellant three clear days' notice thereof before the
hearing setting out the grounds of objection and shall file
such notice together with four copies thereof with the
Registrar within the same time.
(2) If the respondent fails to comply with this rule
the Court may refuse to entertain the objection or may
adjourn the hearing thereof at the cost of the respondent or
may make such other order as it thinks fit.
8. (1) The Registrar shall upon an appeal being
brought summon the parties before him to settle the
documents (which expression shall include any other matter
which may form part of a record) to be included in the record
and shall, whether any of the parties attend the appointment
or not, settle and sign and in due course file a list of such
documents.
(2) The Registrar, as well as the parties, shall
endeavour to exclude from the record all documents (more
particularly such as are merely formal) that are not relevant to
the subject matter of the appeal and generally to reduce the
bulk of the record as far as practicable, taking special care to
avoid duplication of documents and unnecessary repetition of
headings and other merely formal parts of documents; but the
documents omitted to be copied shall be enumerated in a list
at the end of the record.
(3) If the Registrar or any party objects to the
inclusion of a document on the ground that it is unnecessary
or irrelevant and the other party nevertheless insists upon its
being included, the document shall be included and the
record shall, with a view to the subsequent adjustment of the
costs of and incidental to the inclusion of such document,
indicate in the index of papers or otherwise the fact that, and
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Evidence.

Copies of
proceedings in
Court below.
the party by whom, the inclusion of the document was
objected.
9. When any question of fact is involved in an appeal,
the evidence taken in the Court below bearing on such
question shall, subject to any special order of the Court, be
brought before the Court as follows—
(a) as to any evidence taken by affidavit, by the
production of office copies of such affidavit;
(b) as to evidence taken orally, by the
production of a copy of the Judge's notes
certified by the Registrar, or a transcript of
the evidence taken by a shorthand writer
and certified by him or such other materials
as the Court may deem expedient.
10. (1) Where any notes of proceedings whether in
shorthand or longhand have been taken by a person
employed by any court or taken by the Judge of the Court
below, copies of such parts of these notes as are required for
the record of appeal shall be supplied by the Registrar on
payment of the fees prescribed in Part II of Appendix B.
(2) If no written decision is given by the judge at
the time of giving judgment such Judge shall communicate
his reasons for the judgment in writing to the Registrar and
such reasons shall be included in the record.
(3) On hearing of an appeal the Court shall have
power, if the notes of the Judge of the Court below or a
transcript of the evidence are not produced, or if there are
no such notes or transcript, to hear and determine such
appeal upon any other evidence or statement of what
occurred before such Judge which the Court may deem
sufficient.
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Printing or
typing of
records.

Copy of list of
exhibits.
11. (1) Every document or paper required by these
Rules to be filed or left with the Registrar shall be legibly
printed, cyclostyled or typewritten with black ink
(excluding carbon copies) upon strong white foolscap paper
of good quality with an inner margin of not less than two
inches and an outer margin of about half an inch, and a
space of not less than three-eighths of an inch shall be left
between every two lines.
(2) There shall be an index to the record and every
page thereof shall be numbered consecutively, and every
tenth line on a page shall be numbered in the margin.
Correspondence and exhibits shall be arranged together at
the end of the record.
(3) The Registrar may refuse to file or receive any
document not strictly conforming to the requirements or
paragraph (1) of this rule and the Court may disallow the
costs of any such document which has been filed or received
by the Registrar.
12. (1) Any party may apply for and, on payment of
the prescribed fee, obtain an office copy of the exhibits for
the purpose of an appeal to the Court or otherwise.
(2) All original documents tendered in evidence to
the Court below at trial shall remain in the custody of the
Court below until the record of appeal has been prepared,
and shall then be forwarded with the record to the Registrar
and shall remain in the custody of the Court until the
determination of the appeal:
Provided that the Registrar shall permit a party for
the purposes of preparing his record to take copies of all
such documents and that the Court or Registrar may allow
the return of any document to any party pending the
hearing of the appeal and subject to such conditions as it or
he may impose.
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Registrar to
notify parties
that documents
are ready and
may be
obtained.
R. 1/1983
Civil Form 6A
Entering
appeal.
R. 1/1983
Civil Form 6

Civil Form 7.

Transmission
of the record.
Civil Form 8

Withdrawal of
appeal Civil
Form 9.

12A. After the preceding provisions of this order have
been complied with, the Registrar shall serve notice on the
appellant and the respondent that the document to be
included in the record are all ready and may be obtained.
13. (1) The appellant shall within six weeks from the
date when the notice by the Registrar is given under the
provisions of Rule 12A of this Order or within such
extended time as may be granted by the Court below or the
Court –
(i) file in the office of the Registrar—
(a) the record;
(b) an affidavit of service of the
notice of appeal; and
(ii) leave four copies of the record for the
use of the Judges and the Registrar.
(2) The Registrar shall thereupon give notice to the
respondent of the filing of the record.
(3) The Registrar shall thereupon set down the appeal
for hearing by entering the same on the proper list of
appeals.
Withdrawal and non-compliance
14. If the appellant files with the Registrar a notice
that he desires to withdraw his appeal, together with two
copies thereof, the appeal shall stand dismissed with costs.
The appellant at the same time shall serve copies of the
notice of withdrawal on all or any of the parties with regard
to whom the appellant wishes to withdraw his appeal, and
any party so served shall be precluded from laying claim to
any costs incurred by him after such service unless the court
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Default in
filing record
and
documents.

Application to
single Judge.
shall otherwise order.
15. (1) It shall be the duty of the Registrar to see that
an appellant complies with the provisions of rule 13 of this
Order, and before the conclusion of each general sitting
shall report to the Court any failure on the part of an
appellant so to comply and the Court of its own motion may
make any such order as it might make upon an application
by the respondent under paragraph (2) of this rule.
(2) If the respondent alleges that the appellant
has failed to comply with the requirements of rule 13 (1) of
this Order or any part thereof, the Court, if satisfied that
the appellant has so failed, may dismiss the appeal for
want of due prosecution or make such other Order as the
justice of the case may require.
(3) An appellant whose appeal has been dismissed
under this rule may apply by notice of motion that his
appeal be restored and the Court may in its discretion for
good and sufficient cause order that such appeal be restored
upon such terms as it may think fit.
Applications
16. (1) In any cause or matter pending before the
Court, a single Judge of the Court may upon application
make orders for—
(a) giving security for cost to be
occasioned by any appeals;
(b) leave to appeal in forma pauperis;
(c) a stay of execution on any judgment
appealed from pending the
determination of such appeal;
(d) an injunction restraining the
defendant in the action from
disposing or parting with the
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Application
Court below.
Mode of
application.
possession of the subject matter of the
appeal pending the determination
thereof;
(e) extension of time;
and may hear, determine and make orders on any other
interlocutory application.
(2) Every order made by a single Judge of the
Court in pursuance of this rule may be discharged or varied
by any Judges of that Court having power to hear and
determine the appeal.
17. Applications referred to in the preceding rule
shall ordinarily be made to a Judge of the Court, but where
this may cause undue inconvenience or delay, a Judge of the
Court below may exercise the powers of a single Judge of
the Court under that rule.
18. (1) An application for leave to appeal in forma
pauperis may be made ex parte by affidavit containing the
grounds of the application and the order asked for.
(2) Any other application under these Rules shall
be made by way of summons or motion. Such application
shall be supported by affidavit, a copy of which shall be
served with the summons or notice of motion.
(3) Where an application is made ex parte under
paragraph (1) of this rule, an order may be made requiring
any party affected to be served with notice of the
application.
(4) Where an application under these Rules is
made by summons, an order may be made adjourning the
hearing into open court.
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Appeal no stay
except by
order.

Application
for security for
costs.

Bond.
Civil Form 10.

Application
for leave to
appeal in forma
(5) Where an application made by summons is heard
by the Court, it shall be treated as if it were a motion, and it
shall be heard in open court.
19.(1) An appeal shall not operate as a stay of
execution or of proceedings under the judgment appealed
from, except so far as the Court below or the Court may
order, and no intermediate act or proceedings shall be
invalidated, except so far as the Court may direct.
(2) On an appeal, interest for such times as
execution has been delayed by the appeal shall be allowed
unless the Court otherwise orders, and the Registrar may
compute such interest without any order for that purpose.
20. (1) Before an application for security for costs is
made, a written demand shall be made by the respondent and
if the demand is refused or if an offer of security be made by
the appellant and not accepted by the respondent, the Court
or the Court below shall in dealing with the costs of the
application consider which of the parties has made the
application necessary.
(2) An application for security for costs may be
made at any time after the appeal has been brought and must
be made promptly thereafter.
(3) An order for security for costs shall direct that in
default of the security being given within the time limited
therein, or any extension thereof, the appeal shall stand
dismissed with cost.
(4) A bond with sureties for securing the costs of
an appeal shall be in Civil Form 10.
21. (1) An application for leave to appeal in forma
pauperis; shall be accompanied by-
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pauperis.

Interlocutory
appeals
Numbers of
Judges.
Dismissal of
appeal in
default of
appearance.

Application to
re-enter appeal
dismissed
under O.II r.23.
(a) an affidavit stating—
(i) that the appellant is not worth
$120 excepting his wearing
apparel and tools of trade and
his interests in the subject
matter of the intended appeal;
(ii) that his usual income from all
sources does not exceed $10 a
week;
(b) a certificate of counsel that the
appellant has reasonable grounds of
appeal.
(2) Where an appellant obtains leave to appeal in
forma pauperis; he shall not be required to lodge security for
the costs of the respondent or to pay any registry fees or any
fees for copies of the Judge's notes of evidence or the
documents required for compiling the record.
Hearing and Judgments
22. An appeal against an interlocutory order shall be
heard before not less than two Judges of the Court.
23. If the appellant fails to appear when his appeal is
called on for hearing the appeal may be struck out or
dismissed with or without costs.
24. When an appeal has been struck out owing to the
non-appearance of the appellant the Court may, on
application by the appellant by notice to the Court, if it
thinks fit, and on such terms as to costs or otherwise as it
may deem just, direct the appeal to be re-entered for
hearing:
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Non appear-
ance of
respondent.

Application to
set aside ex
parte judgment.

Delivery of
judgment.
[R.20/12/1960]
Provided that no application under this rule shall be
made after the expiration of twenty-one days from the date
of the judgment or order sought to be set aside.
25. If the respondent fails to appear when the appeal
is called on for hearing the Court may proceed to hear the
appeal ex parte.
26. (1) Where an appeal has been heard ex parte under
rule 25 of this Order and any judgment has been given therein
adverse to the respondent he may apply by motion to the
Court to set aside such judgment and re-hear the appeal and
the Court may, if it thinks fit, and on such terms as to costs or
otherwise as it may deem just, direct the appeal to be re-
entered for hearing.
(2) No application to set aside any judgment or
order and re-hear the appeal under this rule shall be made
after the expiration of twenty-one days from the date of the
judgment or order sought to be set aside.
(3) Any such application shall be by motion
accompanied by an affidavit setting forth the reasons and
grounds for the application and the Court may thereupon in
its discretion set aside the judgment or order and order that
the appeal be re-heard at such time and upon such conditions
as to costs or otherwise as it may think fit.
27.The judgments of the Court shall normally be
delivered by the judges who heard the same, but if one or
more judges of the Court are not prepared or are otherwise
unable to deliver judgment before the conclusion of the
sitting—
(a) judgment may be delivered
subsequently;
(b) at a sitting of the Court for the
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Execution of
judgment by
Court below
Civil Form 11.
[R. 20/12/1960]

Court fees.

Government
exemption
from payment
of fees.

purpose of delivering such judgment,
the Court may be constituted by one,
two or three judges; and
(c) a judge whether or not present at the
hearing of an appeal may deliver the
judgment of the Court (being the
judgment of all or of the majority
present thereat) and may read the
reasons for such judgment or for the
concurrence or dissent of any judge
who was a member of the Court at the
hearing.
28. Judgments of the Court shall be enforced by the
Court below and a certificate under the seal of the Court and
the hand of the Registrar setting forth the judgment shall be
transmitted by the Registrar to the Court below and the latter
shall enforce such judgment in terms of the certificate.
Fees and Costs
29. (1) Save as hereinafter provided, the fees
prescribed in Appendix B shall be charged in respect of the
matters to which they are respectively assigned.
(2) No fees shall be payable by the Government of
Guyana or any person suing or being sued on behalf of the
said Government in respect of any civil appeal to which the
said Government or any person so suing or being sued is a
party:
Provided that a judgment in favour of the Government
or any person so suing or being sued for costs to be paid by
any party, not being the Government or any person so suing
or being sued, shall, unless the Court otherwise orders
include the amount of any fees which would have been
payable if the appeal or suit had been brought or instituted by
or against a private person.
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Legal
practioners’
fees.
30. (1) Subject to the provisions of this rule, a Taxing
Officer when taxing the fees for professional legal services
shall—
(a) unless the Court when awarding costs
orders otherwise, allow all such costs,
charges and expense as shall appear
to him to have been necessary or
proper for the attainment of justice or
for the defending the rights of any
party, but save as against the party
who incurred the same, no costs shall
be allowed which appear to the
Taxing Officer to have been incurred
or increased through overcaution,
negligence or mistake, or by payment
of special fees to counsel or special
charges or expenses to witnesses or
other persons, or by other unusual
expenses;
(b) adhere to the Schedule of Allowances
in Part III of Appendix B.
(2) In taxing party and party cost, the Taxing Officer
shall also unless the court when awarding costs orders
otherwise, allow—
(a) the reasonable fees consequent upon
the engagement of counsel:
Provided that he may disallow
the fee of more than one counsel in
unopposed matters and in matters in
which counsel has not appeared on
the other side;
(b) is any matter which does not include
upon the first day, reasonable
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Fees not
chargeable
under rules 29
and 30.

Taxation of
costs.
Notice of
Taxation Civil
Form 12.

Objections to
taxation.
refreshers for each day subsequent to
the first;
(c) junior counsel's fee on the basis of
two-thirds of the fee allowed to
leading counsel (excluding travelling
expenses and any special fee allowed
to leading counsel) where fees to
leading and junior counsel are
allowed.
(3) The Taxing Officer may in exceptional cases
and for good and sufficient reason depart from any of the
provisions of the Schedule of Allowances contained in Part III
of Appendix B and in particular in the taxation of counsel and
client bills or costs, where strict adherence to such provisions
would be inequitable.
31. The fees to be charged for interpreters, witnesses,
special commissioners and examiners shall be those set forth
in Part IV of Appendix B.
32. (1) Where the costs of an appeal are allowed they
may either be fixed by the Court at the time when the
judgment is given or may be ordered to be taxed.
(2) The Registrar shall be the Taxing Officer and
shall notify the parties of the time fixed for the taxation of
costs.
(3) Any party who may be dissatisfied with the
allowance or disallowance by the Taxing Officer, in any bill
of costs taxed by him, of the whole or any part of any items,
may, at any time before the certificate or allocatur is signed,
or such earlier time as may in any case be fixed by the
Taxing Officer, deliver to the other party interested therein,
and carry in before the Taxing Officer, an objection in
writing to such allowance or disallowance, specifying
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Review of
taxation by
Taxing Officer.

therein by a list, in a short and concise form the items or
parts thereof objected to, and the grounds and reasons for
such objections and may thereupon apply to the Taxing
Officer to review the taxation in respect of the same. The
Taxing Officer may, if he shall think fit, issue pending the
consideration of such objections a certificate of taxation or
allocatur for or on account of the remainder of the bill of
costs and such further certificate or allocatur as may be
necessary shall be issued by the Taxing Officer after his
decision upon such objections.
(4) Upon such application the Taxing Officer
shall reconsider and review his taxation upon such
objections, and he may, if he shall think fit, receive further
evidence in respect thereof, and, if so required by either
party, he shall state either in his certificate of taxation or
allocatur, or by reference to such objection, the grounds and
reasons of his decision thereon, and any special facts or
circumstances relating thereto. The Taxing Officer may tax
the costs of such objections and add them to or deduct them
from any sum payable by or to any party to the taxation.
(5) Any person aggrieved by any order, decision
or ruling of the Taxing Officer may apply to the Court or to
a judge thereof to set aside such order, decision or ruling
and to make such further order as it may think fit.
(6) Any application to the Court or to a judge
thereof under the foregoing paragraph shall be by motion
accompanied by an affidavit in support and notice of such
motion shall be served upon the Taxing Officer and upon all
parties having interest therein.

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Obligation on
appellant to fill
up forms of
appeal notices
and answer
questions
thereon.
Criminal Forms
1 and 2.
Judge's certi-
ficate under
section 12(c) of
the Act.
Criminal Form
3.

Notices to be
signed by
appellant.

Signature on
notices of
appeal and
ORDER III
APPEALS AGAINST CONVICTION ON INDICTMENT
Institution of Appeals
1. A person desiring to appeal to the Court against
conviction and/or sentence shall commence his appeal by
sending to the Registrar a notice of appeal or notice of
application for leave to appeal or notice of application for
extension of time within which such notice shall be given as
the case may be, in the form of such notices set forth in Forms
1 or 2 in Appendix C, and, in the notice or notices so sent,
shall answer the questions and comply with the requirements
set forth thereon subject to the provisions of Order I rule 10;
The answers to the questions which an appellant is by this
rule required to make in support of his request to be present
at the hearing of his appeal shall be deemed to be
applications to the Court in such matter.
2. (1) The certificate of the Judge of the Court below under section 12(c) of the Act may be in Form 3 in Appendix C.
(2) The Judge of the Court below may, in any case
in which he considers it desirable so to do, inform the person
convicted before or sentenced by him that the case is in his
opinion one fit for an appeal to the Court under section 12(c)
of the Act and may give to such person a certificate to that
effect in the Form 3 in Appendix C.
3. (1) Every notice of appeal or notice of
application for leave to appeal or notice of application for
extension of time within which such notice shall be given
shall be signed by the appellant himself, except under the
provisions of paragraphs (4) and (5) of this rule.
Any other notice required or authorised to be given shall
be in writing and signed by the person giving the same or by
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other notices.

Service of
documents on
person in
prison.
Where
appellant
unable to write.
Where question
of insanity
involved.

Notice, etc.,
on behalf of
corporations.

Time for
appealing
against con-
viction to run
from verdict.
his legal representative. All notices required or authorised to
be given shall be addressed to the Registrar.
(2) Where an appellant or applicant is in prison it
shall be sufficient service to deliver the document at the
prison to the officer in charge or person appearing to be the
officer in charge thereof, who shall cause the same to be
served on such prisoner.
(3) Where an appellant or any other person
authorised or required to give or send any notice of appeal or
notice of any application is unable to write, he may affix his
mark thereto in the presence of a witness who shall attest the
same, and thereupon, such notice shall be deemed to be duly
signed by such appellant.
(4) Where, on the trial of a person entitled to
appeal, it has been contended that he was not responsible
according to law for his actions on the ground that he was
insane at the time the act was done or the omission made by
him, any notice required to be given and signed by the
appellant himself may be given and signed by his legal
representative.
(5) In the case of a body corporate where any
notice or other document is required to be signed by the
appellant himself, it shall be sufficient compliance therewith
if such notice or other document is signed by the secretary,
clerk, manager or legal representative of such body
corporate.
4. The time within which a person convicted shall give
notice of appeal or notice of his application for leave to appeal
to the Court against his conviction, shall commence to run
from the day on which the verdict of the jury was returned,
whether the judge of the court of trial shall have passed
sentence or pronounced final judgment upon him on that day
or not.
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Time for
appealing
against
sentence to run
from pronounc-
ement of
sentence.

Notice of
application for
extension of
time for
appealing.
Criminal
Form 2.

Forwarding of
proceedings in
Court below to
Registrar.
5. The time within which a person convicted and
sentenced, shall give notice of appeal or notice of application
for leave to appeal against such sentence under the Act to the
Court, shall commence sentence to run from the day on which
such sentence shall have been passed upon him by the judge
of the court of trial.
6. An application to the Court for an extension of time
within which notices may be given, shall be in the Form 2 in
Appendix C. Every person making an application for such
extension of time, shall send to the Registrar together with the
proper form of such application, a form, duly filled up, of
notice of appeal, or of notice of application for leave to
appeal, appropriate to the ground or grounds upon which he
desires to question his conviction or sentence, as the case may
be.
5. (1) The Registrar when he has received a notice of
appeal or a notice of application for leave to appeal, or a
notice of application for extension of the time within which
under these Rules or the Act such notice shall be given, shall
prepare four copies of the proceedings in the Court below and
if any record has been made of the summing up or direction
of the Judge of the Court below, four copies thereof or if no
such record has been made, a statement giving to the best of
such Judge's recollection the substance of the summing up or
direction. He shall also prepare the original exhibits in the
case as far as practicable and any original depositions,
information, inquisition, plea, or other documents usually
kept by him, or forming part of the record of the Court below.
(2) One copy of the proceedings and one copy of
the summing up shall be sent by the Registrar to the Director
of Public Prosecutions at the same time he complies with
paragraph (1) of this rule.
(3) For the purposes of this rule copies of
proceedings shall contain—
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Records of
summing up.
[R. 20/12/1960]
(a) the indictment or charge and the plea;
(b) the verdict, any evidence given
thereafter and the sentence;
(c) notes of any particular part of the evidence or cross- examination relied on as a ground of appeal; and
(d) such other notes of evidence as the
Registrar may direct to be included in
the copies of proceedings:
Provided –
(i) in capital cases copies of the
notes of all the evidence shall
be supplied; and
(ii) upon application by either
party to an appeal a single
Judge of the Court or the Court
itself may direct that copies of
any particular part, or the
whole, of the evidence be
supplied to the Court and to
the Director of Public
Prosecutions.
8. (1) Where any trial is had with a jury and, by
direction of the Judge of the Court below, or by a general
direction of the Chancellor notes in longhand or in shorthand
or typewritten shall have been taken of the summing up or
direction of the Judge and such parts of the proceedings as
the Judge of the Court below may consider expedient, such
record shall be accepted by the Court as accurate unless the
Court has reason to doubt its accuracy.
(2) Where it is provided by the law that any notes
of the summing-up or directions of the Judge or notes of any
part of the proceedings shall be taken, and the direction of the
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Shorthand note
to be verified
by the writer.

Transcript to
be furnished on
application of
Registrar.

Verification of
transcript for
use of Court.
Criminal Form
4.
Judge of the Court below is not therefore required, such notes
shall be accepted by the Court as provided in paragraph (1) of
this rule.
(3) Where the provisions of paragraph (1) or (2) of
this rule have not been complied with, a statement of the
Judge of the Court below giving his recollection of the
summing up or direction shall be accepted as accurate unless
the Court sees reason to the contrary.
(4) The shorthand writer shall sign the shorthand
note taken by him of any trial or proceedings, or of any part
of such trial or proceedings, and certify the same to be a
complete and correct shorthand note thereof; and such
shorthand note shall be kept in such custody as the Registrar
shall, either specially or generally, direct.
(5) The shorthand writer shall, on being directed
by the Registrar, furnish to him for the use of the Court a
transcript of the whole, or of any part of the shorthand note
taken by him of any trial or proceedings in reference to which
an appellant has appealed under the Act.
(6) A transcript of the whole or any part of the
shorthand note relating to the case of any appellant which
may be required for the use of the Court shall be typewritten
and verified by the person making the same by a statutory
declaration in the Form 4 in Appendix Criminal C to these
Rules that the same is a correct and complete transcript of the
whole, or of such part, as the case may be, of the shorthand
note purporting to have been taken, signed, and certified by
the shorthand writer who took the same.
(7) Where no notes in longhand or in shorthand
have been taken by direction of the Judge of the Court below
of any other parts of the proceedings required for the
purpose of an appeal, the Judge of the Court below shall
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Party
interested
may obtain
transcript.
Party
interested may
obtain
transcript from
the Registrar.

Definition of
“party
interested”.
Transcript of
shorthand
notes or
Judge’s notes
not to be
Supplied free
except by order
of Court.
furnish to the Registrar his notes of the trial or such part
thereof as may be required for such purpose.
(8) On the application of a party interested in a
trial or other proceedings in relation to which a person may
appeal under the Act, the Registrar shall direct the shorthand
writer to furnish to such party, and to no other person, a
transcript of the whole, or of any part of the shorthand note
of any such trial or other proceedings, on payment of such
fees as may be prescribed by Rules of Court in Guyana for
copies of proceedings required on appeal in any criminal
cause or matter.
(9) A party interested in an appeal under the Act
may obtain from the Registrar a copy of the transcript of the
whole or of any part of such shorthand note as relates to the
appeal on payment of such fees as may be prescribed by
Rules of Court in Guyana for copies of proceedings required
on appeal in any criminal cause or matter.
(10) For the purpose of this rule, “a party
interested” shall mean the prosecutor or the person
convicted, or any other person named in, or immediately
affected by, any order made by the Judge of the Court below,
or other person authorised to act on behalf of a party
interested, as herein defined; but shall not include the
Director of Public Prosecutions to whom a copy of such
transcript shall be furnished free of charge.
(11) A transcript of the shorthand notes taken of
the proceedings at the trial (or a copy of the Judge's notes of
the trial) of any appellant shall not be supplied free of charge
except by an order of the Court or a Judge thereof, upon an
application made by an appellant or by his counsel assigned
to him under the Act.

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Report of
Judge of Court
below.

Furnishing
Judge of Court
below with
materials for
report.
How appellant
or respondent
may obtain
from Registrar
of Court below
copies of docu-
ments or
exhibits.

Counsel
assigned to
Judge’s Report
9. (1) The Registrar shall, if in relation to any appeal
the Court directs him so to do, request the Judge of the Court
below to furnish him with a report in writing, giving his
opinion upon the case generally or upon any point arising
upon the case of the appellant, and such Judge shall furnish
the same to the said Registrar.
(2) The report of the Judge shall be made to the Court,
and the said Registrar shall on request, furnish a copy thereof
to the appellant and respondent.
10. When the Registrar requests the Judge of the Court
below to below to furnish a report under these Rules, he shall
send to such Judge a copy of the notice of appeal or notice of
application for leave to appeal or any other document or
information which he shall consider material, or which the
Court at any time shall direct him to send or with which such
Judge may request to be furnished by the said Registrar, to
enable such Judge to deal in his report with the appellant's
case generally or with any point arising thereon.
Copies of Documents for use of Appellant or Respondent
11. (1) At any time after notice of appeal or notice of
application for leave to appeal has been given under the Act
or these Rules, an appellant or respondent, or other person
representing either of them, may obtain from the Registrar
copies of any documents (other than notes of proceedings) or
exhibits in his possession under the Act or these Rules for the
purposes of such appeals. Such copies shall be supplied by
the said Registrar on payment of such fee as may be
prescribed by Rules of Court for copies of proceedings
required on appeal in any criminal cause or matter.
(2) Where counsel is assigned to an appellant
under the Act copies of any such documents or exhibits
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appellant may
receive copies
of documents
and exhibits
free on
request.
Appellant not
legally repre-
sented may
obtain copy of
documents or
exhibits free.

Registrar to
require proper
officer of
Court below to
furnish him
with
particulars,
etc., of trial.

Registrar to
notify Director
of Public
Prosecutions,
if a private
person, of
receipt of
notice of
appeal.
which they or he may request the said Registrar to supply
shall without charge be supplied unless the said Registrar
thinks that they are not necessary for the purpose of the
appeal.
(3) Where an appellant, who is not legally
represented requires from the said Registrar a copy of any
such document or exhibit in his custody for the purposes of
his appeal, he may obtain it free of charge if the said Registrar
thinks, under all the circumstances, it is desirable or
necessary to supply the same to him.
Conduct of Prosecution and Defence
12. (1) Whenever the Registrar has received a notice of
appeal or a notice of application for leave to appeal, or a
notice of application for an extension of time within which
such notice shall be given, he shall forthwith make a record of
the following particulars—
(a) name and address of the prosecutor.
State names and addresses of counsel
for prosecution;
(b) whether appellant was defended by
counsel or by counsel at request of
Court, give names and addresses of
counsel for appellant.
(2) When the Registrar has received a notice of
appeal or where leave to appeal is granted to any appellant,
he shall—
(a) notify the Director of Public
Prosecutions; or
(b) if the prosecutor is a private person,
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Prosecutor to
afford all
information,
documents
etc., to
Registrar and
Director of
Public
Prosecutions.

List of counsel
purposes of
the Act.

Legal aid to be
provide from
such lists.

Procedure on
decision of
application to
single Judge.
enquire if he intends to defend the
appeal and, if the answer is in the
negative, so inform the Director of
Public Prosecutions.
(3) It shall be the duty of a prosecutor, who
declines to resist to an appeal, and of his counsel, to furnish to
the Registrar and the Director of Public Prosecutions, or either
of them, any information, documents, matters and things in
his possession or under his control connected with the
proceedings against the appellant, which the Registrar or
Director of Public Prosecutions may require for the purposes
of their duties under the Act.
Legal Aid to Appellants
13. (1) The Registrar shall cause to be prepared in such
form as he thinks most convenient a separate list of counsel
who are willing to act as counsel for appellants if and when
nominated under the Act.
(2) When legal aid is assigned to an appellant, the
Court may give such directions as to the stage of the appeal at
which such legal aid shall commence and whether counsel
shall be assigned or otherwise as it may think right.
(3) The Registrar shall thereupon, subject to any
special order of the Court, select from such lists or otherwise a
counsel for the purpose of affording legal aid to an appellant
under the directions of the Court, having regard in so doing
to the place at which the appellant was tried and the counsel
who represented the appellant at his trial and the nature of
the appeal.
Proceedings before a single Judge
14. (1) Where any application has been dealt with by a
single Judge the Registrar shall notify to the appellant the
decision in Form 5 in Appendix C. In the event of such Judge
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Criminal
Forms 5 & 6.
[R. 20/12/1960]

Application
not specially
provided for,
refusing all or any of such applications the Registrar on
notifying such refusal to the appellant shall forward to him
Form 6 in Appendix C. If the appellant does not desire to
have the said application or applications determined by the
Court as duly constituted for the hearing of appeals under the
Act or does not return within five days to the Registrar Form
6 duly filled up by him the refusal of his application or
applications by such Judge shall be final. If the appellant
desires that his said application or applications shall be
determined by the Court as duly constituted for the hearing
of appeals under the Act and is not legally represented he
may, if the Court gives him leave, be present at the hearing
and determination by the Court of his said application:
Provided that an appellant who is legally represented
shall not be entitled to be present without special leave of the
Court.
(2) When an appellant duly fills up and returns
within the prescribed time to the Registrar Form 6 expressing
a desire to be present at the hearing and determination by the
Court of the applications mentioned in this rule, such form
shall be deemed to be an application by the appellant for
leave to be so present. The Registrar, on receiving the said
form, shall take the necessary steps for placing the said
application before the Court.
If the said application to be present is refused by the
Court, the Registrar shall notify the appellant; and if the said
application is granted the Registrar shall notify the appellant
and the officer in charge of the prison wherein the appellant is
in custody, as provided by these Rules. For the purpose of
constituting a Court the Judge who has refused any such
application may sit as a member of such Court, and take part
in determining such application.
(3) Except where otherwise provided in these Rules,
any application to the Court may be made by the appellant or
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how made.

Notice of
application for
leave to appeal
deemed to be
notice of
appeal if
application
granted.

Person in
custody in
default of
payment of
fine.

Power of
Court of trial
to impose
recog-
nizances.
respondent, or by counsel on their behalf, orally or in writing;
but in regard to such applications, if the appellant is
unrepresented and is in custody and is not entitled or has not
obtained leave to be present before the Court, he shall make
any such application by forwarding the same in writing to the
Registrar who shall take the proper steps to obtain the
decision of the Court thereon.
15. Where the Court has, on a notice of application for
leave to appeal duly served and in Form 1 in Appendix C,
given an appellant leave to appeal, it shall not be necessary
for such appellant to give any notice of appeal but the notice
of application for leave to appeal shall in such case be
deemed to be a notice of appeal.
Suspension of Order and Admission to Bail
16. (1) Where a person has, on his conviction, been
sentenced to payment of a fine, and in default of payment to
imprisonment, and such person remains in custody in
default of payment of the fine, he shall payment be deemed,
for the purposes of appeal, to be a person sentenced to
imprisonment.
(2) Where any person has been convicted and is
thereupon sentenced to the payment of a fine, and, in default
of such payment, to imprisonment, and he intimates to the
Judge of the Court below that he is desirous of appealing to
the Court against his conviction, such Judge may, if he thinks
right so to do order such person forthwith to enter into
recognizances in such amount, and with or without sureties
in such amount, as such Judge may think right, to prosecute
his appeal, and, subject thereto, may order that payment of
the said fine shall be made at the final determination of his
said appeal, if the same be dismissed, to the Registrar, or as
the Court may then order. The recognizances under this rule
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Criminal
Forms 7 and 8.
Appellant
committing
breach of
recognizances
Criminal
Forms 9 and
10.

Repayment of
fine on success
of appeal.

Temporary
suspension of
orders made
on conviction
as to money,
awards, costs,
etc.
shall be in Form 7 and 8 in Appendix C.
(3) If an appellant to whom paragraph (2) of this
rule applies does not serve in accordance with these Rules a
notice of appeal or of abandonment of his appeal within
fourteen days from the date of his conviction and sentence,
the Registrar shall report such omission to the Court, who
may, after notice in Forms 9 and 10 in Appendix C has been
given to the appellant and his sureties, if any, order an estreat
of the recognizances of the appellant and his sureties, and the
manner of such estreat shall be that provided for estreating
recognizances under the law of Guyana, and may issue a
warrant for the apprehension of the appellant and may
commit him to prison in default of payment of his fine, or
may make such other order as it may think right.
(4) An appellant who has been sentenced to the
payment of a fine, and has paid the same or part thereof in
accordance with such sentence, shall, in the event of his
appeal being successful, be entitled, subject to any order of
the Court, to the return of the sum or any part thereof so paid
by him.
17. (1) Where, on the conviction of a person, the Judge
of the Court below makes an order condemning such person
to the payment of the whole or of any part of the costs and
expenses of the prosecution for the offence of which he shall
be convicted out of any moneys taken from such person on
his apprehension or otherwise or where such Judge lawfully
makes on the conviction of any person before him any order
for the payment of money by such convicted person or by any
other person or any order affecting the rights of property of
such convicted person, the operation of such orders shall in
any of such cases be suspended until the expiration of
fourteen days after the day on which any of such orders were
made. In cases where notice of appeal or notice of application
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Suspension of
disqualifica-
tions conse-
quent on
conviction.

Judge’s
direction as to
property of
convicted
person
pending
appeal.

Judge’s
directions as to
securing
payment of
money by
for leave to appeal is given within fourteen days from and
after the date of the verdict against such person such orders
shall be further suspended until the determination of the
appeal against the conviction in relation to which they were
made. The Court may by order annul any order to which this
rule refers on the determination of any appeal under the Act
or may vary such order, and such order, if annulled, shall not
take effect, and, if varied, shall take effect as so varied. The
Registrar shall keep a record of any orders to which this rule
refers.
(2) Where upon the conviction of any person of
any offence, the trial court orders that any disqualification,
forfeiture or disability attach to such person, and notice of
appeal or notice of application for leave to appeal is given in
respect of such conviction, sentence or order, the Court may
upon application suspend such disqualification, forfeiture or
disability until the determination of the proceedings upon
appeal.
(3) Where the Judge of the Court below makes any
such order on a person convicted before him, as in this rule
mentioned, he shall give such directions as he thinks right as
to the retention, by any person, of any money or valuable
securities belonging to the person so convicted and taken
from such person on his apprehension or of any money or
valuable securities at the date of his conviction in the posses-
sion of the prosecution for the period of fourteen days or in
the event of an appeal until the determination thereof by the
Court. The Registrar shall keep a record of any directions
given under this rule.
(4) When the Judge of the Court below on the
conviction of a person before him makes any order for the
payment of money by such person or by any other person
upon such conviction, and, by reason of this rule, such order
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convicted
person
pending
appeal.

Suspension of
order of
destruction or
forfeiture of
property.

Suspension of
proceedings or
claims conse-
quent on
conviction.

Period of
suspension of
order under
section 15 of
Act.
c. 90:01
would otherwise be suspended, such Judge may, if he thinks
right, so to do, direct that the operation of such order shall
not be suspended unless the person on whom such order has
been made shall, in such manner and within such time as the
said Judge shall direct, give security by way of undertaking or
otherwise for the payment to the person in whose favour such
order shall have been made of the amount therein named.
Such security may be to the satisfaction of the person in
whose favour the order for payment shall have been made or
of any other person as such Judge shall direct.
(5) Where on a conviction any property, matter or
thing, the subject of the prosecution or connected therewith is
to be or may be ordered to be destroyed or forfeited under
the provisions of any rule, written law, act or other law, the
destruction or forfeiture or order for destruction or forfeiture
thereof shall be suspended for the period of fourteen days
from and after the date on which the verdict on the
indictment was returned, and in the event of an appeal under
the Act shall be further suspended until the determination
thereof by the Court.
(6) Where, upon conviction of any person of any
offence, any claim may be made or any proceedings may be
taken under any rule, regulation, written law, act or other law
against such person or any other person in consequence of
such conviction, such proceedings shall not be taken until
after the period of fourteen days from the date on which the
verdict against such person was returned or in the event of an
appeal under the Act to the Court until the determination
thereof.
(7) The time during which an order of restitution
or the operation of section 25(1) of the Sale of Goods Act is
suspended under section 15 of the Court of Appeal Act, shall
commence to run from the day on which the verdict of the
jury was returned, and, in cases where notice of appeal or
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Person
affected may
appear.

Appellant and
surety’s
recognizances
before whom
to be taken.
[R.20/12/1960]

Appellant and
prison officer
to receive
notice of terms
of bail.

Form of
recognizances
Criminal
Forms 11 and
12.
Registrar on
receiving
notice of application for leave to appeal is duly given within
fourteen days after such day, the period of suspension of such
order or of the operation of the subsection shall continue until
the determination of the appeal.
(8) Any person affected by any orders which are
suspended under this rule may, with the leave of the Court,
be heard on the final determination of any appeal, before any
such orders are varied or annulled by the Court.
Procedure on application for Bail. Right of Sureties. Estreat
of Recognizances.
18. (1) Where the Court admits an appellant to bail
pending the determination of his appeal on an application by
him duly made, the Court shall specify the amounts in which
the appellant and his surety ties (unless the Court directs that
no surety is required) shall be bound by recognizance, and
shall direct if it thinks right so to do, before whom the
recognizances of the appellant and his surety or sureties (if
any) may be taken.
(2) The Registrar shall notify the appellant and the
officer in charge of the prison within which he is confined, of
the terms and conditions on which the Court shall admit the
appellant to bail under the Act.
(3) In the event of the Court not making any
special order or giving any special directions under this rule,
the recognizances of the appellant and of his surety or
sureties (if any) may be taken before a Magistrate or Justice of
the Peace and shall be sent to the Registrar.
(4) The recognizances provided for in this rule
shall be in Forms 11 and 12 in Appendix C.
(5) The Registrar, on being satisfied that the
recognizances of the appellant and his surety or sureties (if
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recognizances
in due form to
notify officer
of prison to
release
appellant.
Criminal Form
13.
Warrant for
appellant on
bail at hearing
of his appeal.
Varying order
for bail.

Power to
revoke order
for bail.
Criminal Form
14.

any) are in due form and in compliance with the order of the
Court admitting the appellant to bail shall send in Form 13 in
Appendix C a notice to the officer of the prison in which the
appellant shall then be confined. This notice, when received
by the said officer, shall be a sufficient authority to him to
release the appellant from custody.
(6) An appellant who has been admitted to bail
shall be personally present at each and every hearing of his
appeal and at the final determination thereof. The Court may,
in the event of such appellant not being present at any
hearing of his appeal, if it thinks right so to do, decline to
consider the appeal, and may proceed summarily to dismiss
the same and may issue a warrant for the apprehension of the
appellant in Form 14 in Appendix C:
Provided that the Court may consider the appeal in his absence, or make such other order as it may think fit.
(7) When an appellant is present before the Court,
the Court may, on an application made by any person, or, if it
thinks right so to do, without any application make any order
admitting the appellant to bail, or revoke or vary any such
order previously made, or enlarge from time to time the
recognizances of the appellant or of his sureties or substitute
any other surety for a surety previously bound as it thinks
right.
(8) At any time after an appellant has been
released on bail, the Court may, if satisfied that it is in the
interest of justice so to do, revoke the order admitting to bail,
and issue a warrant in Form 14 in Appendix C for his
apprehension and order him to be committed to prison.
(9) The Court may on any breach of the
recognizances of the appellant if it thinks right so to do, order
such recognizances and those of his surety or sureties to be
estreated.
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Provisions for
sureties
discharging
their
obligations.

How appellant
on bail to be
dealt with on
arrest at
instances of
sureties.
Arrest and
commitment
of appellant to
be notified to
Registrar by
clerk.
(10) Where the surety or sureties for an appellant
under the Act, upon whose recognizances such appellant has
been released on bail by the Court suspects or suspect that
the said appellant is about to depart out of Guyana, or in any
manner to fail to observe the conditions of his recognizances
on which he was so released, such surety or sureties may lay
an information before a magistrate acting in and for the
magisterial district in which the said appellant is, or is by
such surety or sureties believed to be, or in which such surety
or sureties may then be and such magistrate shall thereupon
issue a warrant for the apprehension of the said appellant.
(11) The said appellant shall, on being
apprehended under the said warrant, be brought before the
court in and for which the said magistrate acts, before whom
the said information was laid, or some other magistrate’s
court specified in the said warrant. The said court shall, on
verification of the said information by oath of the informant,
by warrant of commitment, commit him to the prison to
which person charged with indictable offences before such
court are ordinarily committed. The officer in charge of such
prison shall, unless such prison was the prison from which
the appellant was released on bail under these Rules, notify
the Prison Authority of such commitment, as in this rule
mentioned.
Where the appellant is by such court committed to a
prison which was not the prison from which he was released
on bail after his conviction the Prison Authority, subject to
any order of the Court, may transfer him to the prison from
which he was so released.
(12) The clerk of the said court on the commitment
of any such appellant, shall forthwith notify the Registrar to
that effect, and forward to him the said information and the
deposition in verification thereof taken before such court
together with a copy of the said warrant of commitment.
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Officer in
charge of
prison on
commitment
of appellant to
notify
Registrar.


Abandonment
of appeal.
Criminal Form 15.
Criminal Form
16

Varying order
of restitution
of property.
(13) When an appellant has been released on bail
and has, under a warrant under these Rules or by his surety
or sureties, been apprehended and is in prison, the officer in
charge thereof shall forthwith notify the Registrar who shall
take steps to inform the Court thereof, and the Court may
give to the Registrar such directions as to the appeal or
otherwise as they shall think right.
Abandonment of Appeal
19. (1) An appellant at any time after he has duly
served notice of appeal or of application for leave to appeal,
or of application for extension of time within which such
notice shall be given, may abandon his appeal by giving
notice of abandonment thereof in Form 15 in Appendix C to
the Registrar, and upon such notice being given the appeal
shall be deemed to have been dismissed by the Court.
(2) Upon receipt of a notice of abandonment duly
completed and signed or marked by the appellant or the
party authorised to sign notices under rule 3 of this order, the
Registrar shall give notices thereof in Form 16 in Appendix C
to the respondent, the Prison Authority, and in the case of an
appeal against a conviction involving a sentence of death,
shall in like manner give notice to the Secretary to the Office
of the President, for the information of the President or the
Officer for the time being administering the Government of
Guyana.
Determination of Appeal
20. Where, upon the trial of a person entitled to
appeal against his conviction, an order of restitution of any
property to any person has been made by the Judge of the
Court below, the person in whose favour or against whom the
order of restitution has been made, and, with the leave of the
Court, any other person, shall, on the final hearing by the
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Judgments of
the Court.
[R. 20/12/1960]
Notification of
final determi-
nation of
appeals
Criminal
Forms 17 to 20.

Notification of
appeals in
capital cases.
Notification of
result of
appeal.
Court of an appeal against the conviction on which such
order of restitution has been made, be entitled to be heard by
the Court before any order annulling or varying such order of
restitution is made.
21. (1) Unless the Court direct to the contrary in cases
where, in the opinion of the Court, the question for decision is
a question of law which it would be convenient that separate
judgments should be pronounced by the Judges of the Court,
the judgment of the Court shall be pronounced by the
presiding Judge or such other Judge of the Court hearing the
appeal as he may direct, and no judgment with respect to the
determination of any question shall be separately pronounced
by any other member of the Court.
(2) At a sitting of the Court for the purpose of
delivering a single judgment, the Court may be constituted
by one, two or three judges.
22. (1) On the final determination of any appeal or of
any application to the Court, the Registrar shall give to the
appellant, if he be in custody, and has not been present at
such final determination, and to the respondent and the
Prison Authority notice of such determination in Forms 17 to
20 in Appendix C.
(2) In any case of an appeal in relation to a
conviction involving a sentence of death, the Registrar shall
on receiving the notice of appeal or of any application for
leave to appeal, send copies thereof to the Secretary to the
Office of the President for the information of the President or
the Officer for the time being administering the Government
of Guyana, and to the Prison Authority, and on the final
determination of any such appeal by the Court shall forthwith
notify the appellant, the President, for the information of the
President, or the Officer for the time being administering the
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Entry of
decision of
Court on
Records
Criminal Form
20.

Restrictions on
issue of
certificate of
conviction.

Attendance of
witness before
the Court.

Application to
Court to hear
witnesses
Criminal Form
22.
Order appoint-
ing examiner.

Government of Guyana, the respondent and the Prison
Authority thereof.
23. The Registrar at the final determination of an
appeal shall enter on the records of the Court below the
decision of the Court in relation thereto and also any orders
or directions made or given by the Court in relation to such
appeal or any matter connected therewith.
24. The Registrar of the Court below shall not issue,
under any law authorising him so to do, a certificate of
conviction of any person convicted in the Court below if
notice of appeal or notice of application for leave to appeal is
given, until the determination or abandonment thereof.
Procedure as to Witnesses before Court and their
examination before Examiner
25. (1) Where the Court has ordered any witness to
attend and be examined before the Court an order in Form 21
in Appendix C shall be served upon such witness specifying
the time and place at which to attend for such purpose.
(2) Such order may be made on the application, at
any time, of the appellant or respondent, but if the appellant
is in custody and not legally represented the application shall
be made in Form 22 in Appendix C.
(3) Where the Court orders the examination of any
witness to be conducted otherwise than before the Court
itself, such order shall specify the person appointed as
examiner to take, and the place of taking such examination
and the witness or witnesses to be examined thereat.

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Furnishing
examiner with
exhibits, etc.,
necessary for
examination.

Notification of
date of
examination.
Criminal Form
23.

Evidence to be
taken on oath.

Deposition of
witness, how
to be taken
Criminal Form
24.

Expenses of
witnesses
before
examiner.

Presence of
parties at
examination of
witnesses.
(4) The Registrar shall furnish to the person
appointed to take such examination any documents or
exhibits and any other material relating to the said appeal as
and when requested to do so. Such documents and exhibits
and other material shall after the examination has been
concluded be returned by the examiner, together with any
depositions taken by him under this rule, to the Registrar.
(5) When the examiner has appointed the day and
time for the examination he shall request the Registrar to
notify the appellant or respondent and their legal
representatives, if any, and when the appellant is in prison,
the Prison Authority thereof. The Registrar shall cause to be
served on every witness to be examined a notice in Form 23 in
Appendix C.
(6) Every witness examined before an examiner
under this rule shall give his evidence upon oath or on
affirmation to be administered or taken by such examiner,
except where any such witness if giving evidence as a witness
on a trial on indictment need not be sworn.
(7) The examination of every witness shall be taken
in the form of a deposition and unless otherwise ordered shall
be taken in private. The caption in Form 24 in Appendix C
shall be attached to any such Form 24.
(8) Where any witness shall receive an order or
notice to attend before the Court or an examiner, the Registrar
may, if it appears to him necessary so to do, pay to such
witness a reasonable sum for his expenses.
(9) The appellant and his legal representative (if
any) and the respondent shall be entitled to be present at and
take part in any examination of any witness to which this rule
relates.

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Proceedings
on reference.

Judge to
forward
special case to
Registrar and
copies to be
supplied to
appellant and
respondent.
These Rules to
apply to
convicted
persons where
case stated
under section
27 of the Act.

26. When an order of reference is made by the Court
to a special commissioner the question to be referred, and the
person to whom as a special commissioner the same has been
referred, shall be specified in such order. The Court may in
such order, or by giving directions as when it from time to
time shall think right, specify whether the appellant or
respondent or any person on their behalf may be present at
any examination or investigation or at any stage thereof as
may be ordered, and specify any and what powers of the
Court may be delegated to such special commissioner, and
may require him from time to time to make interim reports to
the Court upon the question referred to him, and may, if the
appellant is in custody, give leave to him to be present at any
stage of such examination or investigation and give the
necessary directions to the Prison Authority accordingly, and
may give directions to the Registrar that copies of any report
made by such special commissioner shall be furnished to the
appellant and respondent.
Case stated under section 27 of the Act
27. (1) The Judge of the Court below shall forward
any case stated by him in pursuance of section 27 of the Act
to the Registrar who shall on receiving the same send a copy
of such case to the appellant and to respondent respectively.
(2) Where under the provisions of section 27 of the
Act the Judge of the Court below states a case for the
consideration of the Court, the person convicted shall for the
purposes of these Rules be deemed to be an appellant who
has appealed under section 12 of the under section Act,
provided that in such case paragraph (2) of rule 28 of this
Order shall not apply.

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Application of
following rule
to section 27 of
the Act.

Duties of
Registrar with
respect to
notices of
appeal, etc.
(3) Where a case is stated or a question of law
reserved for the consideration of the Court under section 27
of the Act, paragraphs (1) and (4) only of the following rule
shall apply.
Duties of Registrar
28. Subject to the provisions of rule 28—
(1) The Registrar shall take all necessary steps for
obtaining a hearing under Part III of the Act of any appeal or
application, notice of which is given to him under that Part,
and shall obtain and lay before the Court 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
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 for summary determination,
and, where the case is so referred, the Court may, if they
consider that the appeal is frivolous and 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 state thereon.
(3)The Registrar shall furnish the necessary
forms and instructions in relation to notices of appeal or
notices of application under Part III of the Act to any person
who demands the same, and to officers of the courts, the
Prison Authority and such other officers or persons as he
thinks fit, and the Prison Authority shall cause those forms
and instructions to be placed at the disposal of prisoners
desiring to appeal or to make any application under Part III of
the Act and shall cause any such notice given by a prisoner in
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Custody of
exhibits
pending
determina-
tion of appeal.
his custody to be forwarded on behalf of the prisoner to the
Registrar.
(4)The Registrar shall report to the Court or some
Judge thereof any case in which it appears to him that,
although no application has been made for the purpose, a
counsel ought to be assigned to an appellant under the
powers given to the Court by Part III of the Act.
29. (1) In this rule the term "exhibits" includes any
documents, exhibits, or other things connected with
proceedings at a trial.
(2) The provisions of any law in operation in
Guyana relating to the custody of exhibits at the trial of any
person before an inferior court pending the determination of
an appeal in such proceedings to the Full Court of Guyana—
(a) shall continue to apply to the custody
of such exhibits in all cases where an
appeal lies under section 31 of the Act
until the expiration of fourteen days
from the determination of the Full
Court;
(b) shall mutatis mutandis apply to the
custody of such exhibits after the
conviction of a person entitled to
appeal under section 12 of the Act
until the expiration of fourteen days
from the date of conviction; and
(c) in cases where notice of appeal or
leave to appeal to the Court is given
within fourteen days after such
determination or conviction (as the
case may be), shall mutatis mutandis
apply until the determination of the
appeal by the Court.
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Institution of
appeals under
section 31 of
the Act.
[R. 20/12/1960]

Certificate of
Registrar of
Full Court
granting leave
to appeal.
Ascertainment
of date of
order of Full
Court.

Time limit for
appealing.

Notice of
application for
extension of
time for
appealing
Criminal Form
26.
ORDER IV
APPEALS FROM FULL COURT’S ORDER ON APPEAL
FROM INFERIOR COURTS IN ANY CRIMINAL CAUSE
OR MATTER
1. The provisions of rules 1, 6 and 15 of Order III
shall apply to a person desiring to appeal under section 31 of
the Act to the Court from an order of the Full Court made on
appeal from an inferior court save that the references to
Forms 1 and 2 in Appendix C shall be deemed to be
references to Forms 25 and 26 respectively in that Appendix.
2. Where leave to appeal to the Court is granted by
the Full Court, the Registrar shall so certify and such
certificate shall be attached to the notice of appeal.
3. In this Order, the date of an order of the Full
Court shall be deemed to be the date on which judgment is
delivered or the order made.

4. The time within which a person desirous of
appealing shall give notice of appeal or notice of his
application for leave to appeal to the Court shall commence to
run from the day of the date of the Order of the Full Court.
5. An application to the Court for an extension of
time within which notices may be given, shall be in Form 26
in Appendix C. Every person making an application for such
extension of time, shall send to the Registrar, together with
the proper form of such application, a form, duly filled up, of
notice of appeal, or of notice of application for leave to
appeal, appropriate to the ground or grounds upon which he
desires to question the order of the Full Court.
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Signature and
service of
notices.

Criminal
Forms 25 and
26.

Record of
appeal.

Application of
Rules 11, 13
and 14 or
Order III.
6. (1) The provisions of rule 3 of Order III shall apply
to an appeal under section 31 of the Act save that the first
sentence of sub-rule (1) shall not apply when the appeal is
brought by the prosecution.
(2) A Prosecutor-Appellant shall serve copies of
any notices in Form 25 or 26 issued by him on the
Respondent; and the Registrar shall send to the Prosecutor-
Respondent copies of any such notices delivered by a
Defendant-Appellant.
7. (1) The Registrar when he has received a notice of
appeal or a notice of application for leave to appeal, or a
notice of application for extension of the time within which
under these Rules or the Act such notice shall be given, shall
prepare four copies of the proceedings in the Court below;
and shall also obtain the original exhibits in the case as far as
practicable and relevant to the appeal.
(2) For the purposes of this rule, copies of
proceedings shall contain—
(a) the record on appeal to the Full Court
and notes of any fresh evidence
admitted at the hearing of the appeal
insofar as such records and notes are
relevant to the grounds of appeal;
(b) the order of the Full Court and the
reasons given by the Judges thereof.
8. The following rules contained in Order III shall
apply in the case of appeals brought under section 31 of the
Act—
Rule 11—(Copies of documents required by
appellant).
Rule 13—(Legal Aid).
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Presence of
appellant at
proceedings in
the Court.

Notification of
application if
granted.
Bail.
Rule 14—(Applications to a single Judge).
9. (1) A Defendant-Appellant, notwithstanding that
he is in 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, he shall
not be entitled to be present, except where the Court gives
him leave to be present.
(2) The power of the Court to pass any sentence
under the Act may be exercised notwithstanding that the
appellant is for any reason not present.
(3) When an appeal is brought by the prosecution
it shall be the duty of the Registrar to ascertain whether the
appellant desires to be present when the Court considers his
appeal.
10. (1) Where any application is made by the
prosecution and is granted in the absence of the respondent,
the prosecution shall serve notice on the respondent of the
order of the Court or Judge and where any application is
made by a defendant and is granted in the absence of the
prosecution, the defendant shall serve notice of such order on
the prosecution unless he is in custody in which case the
Registrar shall notify the prosecution of such order.
(2) Where leave to appeal is granted to a defendant-appellant the Registrar, if the prosecutor is a
private person, shall enquire if he intends to defend the
appeal and, if the answer is in the negative, the Registrar shall
so inform the Director of Public Prosecutions.
11. (1) Where any person who has appealed to the Full
Court is in custody and intimates to a Judge of that Court that
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Temporary
suspension of
orders.
he is desirous of appealing to the Court against the order of
the Full Court, such Judge may, if he thinks right so to do,
order such person forthwith to enter into recognizances in
such amount, and with or without sureties in such amount, as
such Judge may think right, to prosecute his appeal.
(2) If an appellant to whom paragraph (1) of this
rule applies does not serve in accordance with these Rules a
notice of appeal or of abandonment of his appeal within
fourteen days from the order of the Full Court, the Registrar
shall report such omission to the Court, who may after due
notice to the appellant or his sureties, if any, order an estreat
of the recognizances of the appellant and his sureties, and the
manner of such estreat shall be that provided for estreating
recognizances under the law of Guyana, and may issue a
warrant for the apprehension of the appellant and may
commit him to prison.
(2) Where bail is granted by the Court or by the Full Court the provision of rule 18 of Order III shall apply:
Provided that in paragraph (8), reference to the Court
before which he was convicted shall be deemed to be a
reference to the Full Court.
12. (1) Where any order of an inferior court is made of
the kind referred to in paragraphs (1) and (5) of rule 17 of
Order III and such order has been suspended pending an
appeal to the Full Court, such suspension shall continue for
fourteen days after the order of the Full Court made on such
appeal. In case leave to appeal to the Court is granted within
such fourteen days, such order shall be further suspended
until the determination of the appeal to the Court. The Court
may by order annul any order to which this rule refers on the
determination of any appeal under the Act or may vary such
order, and such order, if annulled, shall not take effect, and, if
varied, shall take effect as so varied.
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Varying order
of restitution
of property.

Application of
Rules 19, 22
(1), 23, 25, 26
(2) Where the Full Court itself on affirming the
order of an inferior court orders that any disqualification,
forfeiture or disability attach to a party to an appeal from the
order of the Full Court the Court may upon application
suspend such disqualification, forfeiture, or disability until
the determination of the proceedings upon appeal.
(3) In any appeal, where any order is suspended
as provided by paragraph (1) of this rule, the Judge of the Full
Court shall give the directions specified in paragraph (3) of
rule 17 of Order III and may direct that such order be not
suspended unless the person to whom such order refers shall
give security as prescribed in paragraph (4) of rule 17 of
Order III.
(4) No proceedings shall be taken on claims
under any law against a party to any appeal, under section 31
of the Act which are based on the validity of the order of the
Full Court from which the appeal is brought for the period of
fourteen days from the order of the Full Court and in case
leave to appeal to the Court is granted within such fourteen
days until the determination thereof.
(5) The provisions of paragraphs (7) and (8) of
rule 17 of Order III shall apply to an appeal under section 31
of the Act save that in paragraph (7) thereof for the words
"the verdict of the jury was returned" shall be substituted the
words "the order of the Full Court was made".
13. Any person in whose favour or against whom an
order of restitution has been made in any criminal cause or
matter shall, on the hearing of an appeal brought in such
cause or matter under section 31 of the Act, be entitled to be
heard by the Court before any order annulling or varying
such order of restitution is made.
14. The following rules contained in Order III shall
apply in case of appeals brought under section 31 of the Act-

L.R.O. 1/2012

and 28 of
Order III.
Rule 19 – (Abandonment).
Rule 22 (1) and 23 – (Notification of result of appeal).
Rules 25 and 26 – (Taking of evidence before the Court, an
examiner or a special commissioner).
Rule 28 (1), (3) and (4) – (Duties of Registrar).
__________________
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APPENDIX A
CIVIL FORMS
INDEX TO FORMS
Form
No.
Appeal Rules No. Description of Form
1 Order II, r.1(1) Notice of Appeal.
2 ‘’ 2(1) Notice of motion for special
leave to appeal.
2A ‘’ 2(3) Application for leave to
appeal by respondent.
3 ‘’ 5(1) Notice by Respondent of
intention to contend that
decision of Court below be
varied.
4 ‘’ 7(1) Notice by Respondent of
intention to rely upon
preliminary objection.
5 ‘’ 8(1) Summons to parties by
Registrar to settle record.
6 ‘’ 13(l)(i)
(b)
Affidavit of Service of Notice
of Appeal.
6A ‚ 12A
7 ‘’ 13(2) Notice to the Respondent of
filing of Record.
8 ‘’ 13(3) Notice to Parties of Despatch
of Record.
9 ‘’ 14 Notice of Withdrawal of
Appeal.
10 ‘’ 20(4) Bond for Costs on Appeal.
11 ‘’ 28 Certificate of the Order of the
Court.
12 ‘’ 32(2) Notice of Taxation.
Notice to parties of Readiness of
documents to be included in Record.
1/1983]
[R. 20/12/1960
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O. II, r. 1(1).
CIVIL FORM 1

IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF APPEAL
Guyana
Civil Appeal No……of 20……
Between
………………………………….(Plaintiff/Defendant)* Appellant(s)
and
…………………………………(Plaintiff/Defendant)*
Respondent(s)
TAKE NOTICE that the (Plaintiff/Defendant) Appellant
being dissatisfied with the decision/that part of the decision*
more particularly stated in paragraph 2 hereof of
the………..(Court) ...............................................................................
contained in the judgment order/* of …………dated the
..........................................................................................................
day
of ........................................ 20 ... doth hereby appeal to the
Court of Appeal upon grounds set out in paragraph 3 and
will at the hearing of the appeal seek the relief set out in
paragraph 4.
And the Appellant further states that the names and
addresses including his own of the persons directly affected
by the appeal are those set out in paragraph 5.
1. (Insert here whole or part of decision of the low court
complained of.)
2. Grounds of Appeal.
(1)
(2)
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O. II, r. 2(1).
(3), etc.
4. (Insert here the relief sought from the Court of Appeal.)
5. Person directly affected by the appeal:
Name Address
(1)
(2)
(3), etc.
DATED this…………..day of . …….20….
…………………………
Appellant(s)
____________________________________________
* Strike out words inapplicable.
If appealing whole decision insert ‚whole decision‛
_________
CIVIL FORM 2
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF MOTION FOR SPECIAL LEAVE TO APPEAL
Guyana
Civil Appeal No…......of 20….
Between
………………..(Plaintiff/Defendant)* Appellant (s)
and
………………...(Plaintiff/Defendant)* Respondent(s)
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O. II, r. 2(3)
TAKE NOTICE that the Court of Appeal at …………will be
moved on the ................ day of ................20 .... at ……….o'clock
in the forenoon or as soon thereafter as counsel can be heard
on the hearing of an application for special leave to appeal
against the decision of the .......................(Court)
………….given on the .. day of. ...............20..…..
AND further take notice that the grounds of this application
are—
DATED this ................. day of. ............... 20…….
Appellant or his Counsel
To
The Registrar
Court of Appeal
And †………………
*Strike out of words inapplicable.
†Insert name of respondent.
________
CIVIL FORM 2A
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
APPLICATION FOR LEAVE TO APPEAL BY RESPONDENT
Guyana
Civil Appeal No……. of 20….

Between
…………………..(Plaintiff/Defendant)* Appellant(s)
and
………………....(Plaintiff/Defendant)* Appellant(s)
TAKE NOTICE that upon the hearing of the application
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O. II, r. 5(1).
for leave to appeal the Respondent herein intends to apply for
leave to appeal and to contend that the decision of the (Court
below) dated the day of……... ................ 20……should be varied
as follows:†
AND TAKE NOTICE that the grounds on which the
Respondent intends to rely are as follows—
1.
2.
3, etc.
DATED this……………day of……20……

……………………………….
Respondent(s)
To…………..(Appellant)
And to the Registrar,
Supreme Court
*Strike out words inapplicable
†State the variation which will be asked for.
__________

CIVIL FORM 3
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE BY RESPONDENT OF INTENTION TO CONTEND THAT DECISION OF COURT BELOW BE VARIED
Guyana
Civil Appeal No…………of 20…

Between
………………………(Plaintiff/Defendant)* Appellant(s)
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O. II, r. 7(1).
and
…………………(Plaintiff/Defendant)* Respondent(s)
TAKE NOTICE that upon the hearing of the above
appeal the Respondent herein intends to contend that the
decision of the (Court below) dated the……….day
of………..20…..should be varied as follows—†
AND TAKE NOTICE that the grounds on which the
Respondent intends to rely are as follows—
1.
2.
3, etc. DATED this…… day of…………20…
………………………………
Respondent(s)
To…………….. (Appellant)
and to Registrar,
Supreme Court
* Strike out words inapplicable,
†State the variation which will be asked for.

_________

CIVIL FORM 4
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE BY RESPONDENT OF INTENTION TO RELY UPON PRELIMINARY OBJECTION

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O. II, r. 8(1)
Guyana
Civil Appeal No……………of 20….
Between
………………………(Plaintiff/Defendant)* Appellant(s)
and
……………………….(Plaintiff/Defendant)* Respondent(s)
TAKE NOTICE that the Respondent herein named
intends, at the hearing of this appeal, to rely upon the
following preliminary objection notice whereof is hereby
given to you, viz.—
AND TAKE NOTICE that the grounds of the said
objection are as follows—
1.
2.
3, etc.
DATED this……………day of. ........ 20……….
………...................................
(Plaintiff/Defendant)*
Respondent(s)
To the above-named (Plaintiff/ Defendant)* Appellant(s)
*Strike out words inapplicable.
_________
CIVIL FORM 5
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD
Guyana
Civil Appeal No……of 20
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O. II, r. 13(1) (i)
(b).
Between ………………………………(Plaintiff/Defendant)*
Appellant(s)
and
………………………………(Plaintiff/Defendant)*
Respondent(s)
TAKE NOTICE that all parties concerned are required to
attend before me at the Registry of the Supreme Court at on
the……………..day of…………20…at the hour of …..in
the…………noon to settle the record of appeal herein.
DATED this…………………day of……………20…. .

……………………………

Registrar

Supreme Court
To:
*Strike out words inapplicable.
_________
CIVIL FORM 6
IN THE COURT OF APPEAL APPELLATE
JURISDICTION
AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL
Guyana
Civil Appeal No……of 20….

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O.II.r.12A
Between
…………………(Plaintiff/Defendant)*
Appellant(s)
and
…………………(Plaintiff/Defendant)*
Respondent(s)
I,…………….of. ............... (occupation) do make oath and say—
That notice of appeal in the above appeal filed herein on the
day of ........................................................................ 20……., was
duly served upon……………………….the Respondent
herein, (here state mode of service)…………………on the
day of
.................. 20……in accordance with the Court of Appeal
Rules.
Sworn to at the .....................................
(address)
on the ................... day of. ........... 20….
Before me
Commissioner of Oats to Affidavits
This affidavit is filed on behalf of…………….
*Strike out words inapplicable
__________
CIVIL FORM 6A
IN THE COURT OF APPEAL APPELLATE JURISDICTION
NOTICE TO PARTIES OF READINESS OF DOCUMENTS TO BE
INCLUDED IN RECORD
Guyana
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O. II, r. 13(2)
Civil Appeal No. ……. of …….20
Between
………………………(Plaintiff/ Defendant)* Appellant (s)
and
………………………..(Plaintiff/Defendant)*Respondent(s)
TAKE NOTICE that the documents to be included in the record are ready and may be obtained.
DATED this day of 20
Registrar
Supreme Court
To the Appellant (s)
To the Respondent(s)
___________
CIVIL FORM 7
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO THE RESPONDENT OF FILING OF RECORD
Guyana
Civil Appeal No……….. of 20….

Between
......................................(Plaintiff/Defendant)*
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O. II, r. 13(3)
(b).
Appellant(s)
and
………………………….(Plaintiff/Defendant)*
Respondent(s)
TAKE NOTICE that the above-named Appellant has
duly filed the record and documents required to be filed
pursuant to Order II rule 13(1) of the Court of Appeal Rules.
DATED this…………day of……………20…..
……………………………..
Registrar
Supreme Court
*Strike out words inapplicable
___________________
CIVIL FORM 8
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO PARTIES OF DESPATCH OF RECORD
Guyana
Civil Appeal No……of 20.....
Between
.......................................(Plaintiff/Defendant)*
Appellant(s)
and
….…………………..........(Plaintiff/Defendant)*
Respondent(s)

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Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. II, r. 14.
TAKE NOTICE that the record in the above-named
appeal has this day been forwarded to the Registrar of the
Court of Appeal.
DATED this…………...day of………….20….. ...........
…………………… Registrar
Supreme Court
To……………..(Appellant(s))
And……………(Respondent(s))
*Strike out words inapplicable
_________
CIVIL FORM 9
THE COURT OF APPEAL APPELLATE JURISDICTION
NOTICE OF WITHDRAWAL OF APPEAL
Guyana
Civil Appeal No……….. of 20….
Between
………………(Plaintiff/Defendant)*
.............................................
Appellant(s)
and

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O. II, r. 20(4).
………………(Plaintiff/Defendant)*
Respondent(s)
TAKE NOTICE that the Appellant(s) herein intend(s)
and doth hereby wholly withdraw his/their appeal (all) the
Respondent(s) in the above-mentioned appeal. DATED………this………day of……20……

………………………
Appellant(s)
The Registrar
Supreme Court.
……………….(Respondent(s))
*Strike out words inapplicable
________________
CIVIL FORM 10
THE COURT OF APPEAL
APPELLATE JURISDICTION
BOND FOR COSTS ON APPEAL

Guyana
Civil Appeal No………….of 20……
Know all men, by these presents, that we……..of……and
………of …..and ……of …….are jointly and severally held
and firmly bound to………..of………in the sum
of………dollars of lawful money to be paid to the
said………his executors, administrators or assigns, for which
payment well and truly to be made, we bind ourselves, and
each of us for himself, in the whole our and every of our heirs,
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[Subsidiary]
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executors and administrators, firmly by the presents.

(Sgd.)……………..(Appellant)
…...................(Surety)
……………...(Surety)
DATED the…………day of………….in the year of Our Lord,
20.......
WHEREAS a suit is now depending in the Court
at………..wherein the above-bounden………...is……….and
the said…………is…………………:
AND WHEREAS a judgment was given by the Court
therein, on the……….day of………..for the said……….and the
said………………. has filed Notice Appeal from the said……..

AND WHEREAS it is by law provided that the party
appealing shall give security to the satisfaction of the
Registrar of the (Court below) for the due prosecution of the
appeal and for the payment of any costs which may be
ordered to be paid by the appellant.
AND WHEREAS the above-named………….and ................. ,
at the request of the said………………..have agreed to enter
into this obligation for the purposes aforesaid:
Now the condition of this obligation is such, that if the said ........................................
shall duly prosecute the appeal and if the above-bounden ........................................ .....
and………….any or either of them shall pay any costs which may
be ordered to be paid by the appellant this obligation shall be
void, otherwise remain in full force.
Signed, sealed and delivered (L.S.) (L.S.)
in the presence of (L.S.)
__________
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O. II, r. 28.
CIVIL FORM 11
THE COURT OF APPEAL
APPELLATE JURISDICTION
CERTIFICATE OF THE ORDER OF THE COURT
Guyana
Civil Appeal No………..of 20…….
Appeal from the………………………of the ……………dated
the…………..day of ………………….20………
…………………...(Plaintiff/Defendant)* Appellant(s)
v.
…………………(Plaintiff/Defendant)* Respondent(s)
†…………………………………………………………………
This appeal coming on for hearing on the………day of ………
20 ……... before…………….in the presence of……………for
the Appellant(s), and…………………….for the Respondent(s).
I HEREBY CERTIFY that an Order was made as follows—
Given under my hand and the Seal of the Court this……...day
of……………….20……….
……………………………..
Registrar
Court of Appeal
*Strike out words inapplicable.
† Insert ‚President‛ or ‚Presiding Judge‛.

___________


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[Subsidiary]
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L.R.O. 1/2012
O. II, r. 32
CIVIL FORM 12 o. II, r. 32
THE COURT OF APPEAL APPELLATE JURISDICTION
NOTICE OF TAXATION
Guyana
Civil Appeal No………..of 20 .....
Between
………………………..(Plaintiff/Defendant)* Appellant(s)
and
……………………(Plaintiff/Defendant)* Respondent(s)
TAKE NOTICE that the Bill of Costs of the……..herein,
will be taxed on…….the………..day of………20............... , at
the hour of…………o'clock in the……….noon.
Your absence notwithstanding.
DATED at ................... this ................ day of ................ 20….

…………………….
Taxing Master
To the above-named Appellant of…………
and ............... (Respondent) of ...........
*Strike out words inapplicable

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APPENDIX B
PART I
FEES OF COURT IN CIVIL APPEALS
To be paid to the Registrar of the Supreme Court under
Order II, rule 29
1. On filing notice of appeal against a final
judgment or decision, entering the appeal for
hearing and on judgment thereunder an
inclusive fee of
$. c.
75.00
2. On filing respondent’s notice of intention
to contend that the decision of Court below
be varied
10.00
3. For entering a special case, case stated,
point of law or demurrer for argument,
entering same for hearing and on judgment
thereunder an inclusive fee of
15.00
4. On filing notice of appeal against an
interlocutory order or decision, entering the
appeal for hearing and on judgment
thereunder an inclusive fee of

15.00
5. On making any application not otherwise
specifically provided for, and for filing
judgment or order thereunder an inclusive
fee of
10.00
6. On filing bond to secure costs of appeal 10.00
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7. On filing ever document or exhibit for
which no special fee is provided
$ c.
1.00
8.On taxation of bill of costs including
certificate
10.00
9. On certifying any document as an office
copy
5.00
10. If in a foreign language, the actual cost of
making and examining the copy, and, in
addition, for making and sealing the copy as
an office copy
10.00
11. For an office copy of a plan, map section,
drawing, photograph or diagram, the actual
of making and examining the copy, and, in
addition for making and sealing the copy as
an office copy
10.00
12.For a copy for reason for judgment of a
justice of a court, per folio of 100 words
But with a minimum fee for one set of
reasons, of
But with a maximum fee for one set of
reasons, of
2.00 10.00 60.00
13. For a copy of a report of a Registrar per
folio of 100 words
2.00
14. On perusing and allowing by a Judge or
Registrar of any bond
5.00
15. On sealing a writ of subpoena not
exceeding three persons
5.00
16. For a certificate of a Registrar for which
no special fee is provided
5.00
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17. On obtaining appointment for
examination of a witness before an officer of
the Court or other person
5.00
18.In respect of every witness examined by
an officer or other person in his office, for
each hour or part of an hour
5.00
19. For an examination of witness away from
the office of the examiner, the reasonable
travelling and other expenses in addition to
fee chargeable under item 23
20. For making every search 5.00
21. For an officer copy of any document filed
in the Registry per folio of one hundred
words, for the first folio
For every other folio or part thereof
PART II
FEES PAYABLE TO COURT FROM
WHICH
APPEAL IS BROUGHT UNDER ORDER
II, RULE 29

2.00
2.00
1. On office copies of any document to be
included in record – including judges’ notes
of evidence, for the first folio to consist
of 100 words
For every other folio or part thereof

2.00
2.00
2. On certifying any document as an office
copy
5.00
3. Transcript of shorthand writer’s notes
such fee as may be determined by the
Registrar.
5.00
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The fees to be taken in the offices of the
Marshal or a Deputy Marshal are the same
as those which, by the practice of the
Supreme Court of Guyana, are require to be
taken by the Marshal or Deputy Marshal in
respect of a like proceeding or act in a cause
pending in that Court.
PART III
LEGAL PRACTITIONERS’ FEES IN
CIVIL APPEALS
Schedule of Allowances
(Save in respect of item 19, a folio shall
consist of one hundred words of figures or
parts thereof; four figures to count as a
word.
Instructions
$ c
1. Instruction to file notice of appeal
(including grounds of appeal )
20.00
2. Instructions to file notice of intention to
contend that the decision be varied
(including grounds on which respondent
will rely)
25.00
3. Instruction to file any application relative
to an appeal
20.00
4. Instructions to appear for the respondent
to any application to an appeal
5. Instructions to file case stated or special
case having regard to the amount involved
in the appeal, its nature, importance and
difficulty, the interest of the parties, the
20.00
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other costs to be allowed, the general
conduct of the proceedings and all other
relevant circumstances
25.00
6. Instructions for affidavit and for any
other interlocutory matter, the charge for
which is not specified in these scales
10.00
7. Instructions for brief to counsel to advise
or to settle pleadings. This will be allowed
where justifiable under the circumstances of
the parties case
15.00

Drawing notices of appeal and other documents
8. Drawing notice of appeal
including grounds of appeal
9. Drawing notice of motion
10. Drawing a case stated
11. Drawing notice of intention to
contend that decision be
varied
12. Drawing any order
13. Drawing any petition, affidavit,
any notice, except a formal
summons, further particulars
or request for further
particulars
14. Drawing any writs of execution,
arrest or attachment and any
other important documents
not otherwise provided for
15. Drawing index to record or any
index to brief
$5.00per folio for
the first 20 folios
$3.00 per folio.
(the minimum
charge under these
items shall be
$15.00 save that the
minimum shall not
apply in the case of
verifying affidavits
of service and
other formal
affidavits.)

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$ c
16. Drawing any subpoena or any formal
notice - each document
5.00
17. Drafting a letter or telegram
If more than one folio, for each
additional folio
Copy to keep, where necessary, per folio
18. Drawing Bill of Costs, per folio
NOTE: A folio is to comprise 72 words, every
figure comprised in a column or authorised to be
used being counted as one word.
Copying
19. Copies of the record on appeal, if prepared by
the appellant’s counsel fee for the first copy
and such fee for additional copies as the
Registrar may consider reasonable.
20. Copies of any matter required for the Court,
for counsel, for the attorney or for service
for any other necessary purpose, for the
first copy per folio
For each additional copy per folio
Attendances

21. At the Registry (clerk’s attendance)
22. On the Registrar in chambers at the rate per
hour or part hereof (to be increased at
the discretion of the Taxing
Officer)
23. On an opposite party, if necessary and
proper the like as under the preceding
items
24. On a Judge in Chambers- at the rate per
10.00
2.00
1.00
5.00
2.00
1.00

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hour or part thereof (to be increased at
the discretion of the Taxing
Officer)
25. In the Court where matter listed but not
reached,on any day for each hour or
part thereof necessarily and
justifiably spent
26. Attendance on receipt of letter or telegram
27. Attendance on receipt of formal
acknowledgement
28. Other merely formal attendances including
attendances to file, to swear affidavits
or to bespeak copies
29. Attendances not purely formal and
including attendances on witnesses and
others to obtain statements and other
materials for brief on trial for use at trial but
not including attendances to represent parties
at hearing in Court or chambers;
Such fee as may be reasonable according to
circumstances with a minimum fee in respect of
each hour or part thereof
30. Attendance to inspect or produce pursuant to
notice per hour or part thereof
31. Attendance before a Registrar in chambers on
taxation matters for each hour or part
thereof
32. Attending at hearing as counsel of an appeal
or any other matter in court for each day
as may be necessary such sum as
may, in the opinion of the Taxing Officer
be reasonable not being less than
20.00

20.00
20.00
75.00
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33. Attending Court to hear reserved judgment
per hour
34. Attendance upon a shorthand writer to obtain
copy of transcript for appellate purposes
35. Attending to issue writ of execution
36. Any attendance not specially provided for
37. Journeys necessarily undertaken. An
allowance for the time necessarily occupied on the
journey and, in ht case of a journey to attend the
trial, to include an allowance for the time which,
in the opinion of the Taxing Officer, a legal
representative is necessarily detained at the place
of trial. Such sun per day, including Sundays, as
the Taxing Officer may think reasonable, not to
exceed
38. Disbursements for fares, hotel and transport
expenses are also to be allowed, but not for
normal out of pocket expense other than board
and lodging
39. The disbursement allowed for travelling by
motor car shall be at the rate of 24 cents per mile
provided the total distance travelled exceeds three
miles. For journeys under three miles no
allowance shall be made for travelling by motor
car.
40. Agency correspondence if shown to the
satisfaction of the Taxing Officer that such
correspondence has been necessary and
reasonable. Such sums as would be allowed
under items 18 or 40
25.00
10.00
10.00
10.00

100.00

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41. Letters, messages, etc. Such fee including
letters not otherwise allowed between party and
party as the Taxing Officer may consider
reasonable not exceeding
Perusals
Perusals of any necessary document for the first
10 folios – per folio
For each subsequent folio
Disbursments
42. All Court fees, counsel’s fees and other fees
and payments which, in the opinion of the Taxing
Officer have been properly paid, shall be allowed.
Maps, Plans and Models
43. The Taxing Officer may allow such fees for
maps, plans and models for use at the trial or
hearing as he considers reasonable.
Marshal and Bailiff’s fees
44. There shall be paid to Marshals and Bailiffs
such fees and travelling and subsistence
allowances as tare by law prescribed for the
service or execution of an summons. Warrant,
writ, or other process of the Supreme Court of
Guyana.
________________

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PART IV
WITNESSES', INTERPRETERS', SPECIAL
COMMISSIONERS' AND EXAMINERS' FEES UNDER
ORDER II, RULE 31
Subsistence Allowances payable to Witnesses
1. Subject to the provisions of this Part, a subsistence
allowance shall be paid to a witness at the following rate:—
(a) in the case of a professional man or a person
who is earning at a rate in excess of $4,800.00
per annum, $25.00 per hour but not
exceeding $125.00 per day;
(b) in all other cases at the rate prescribed by the
rules of the Supreme Court of Guyana.
2. No allowance shall be paid in any criminal
proceeding to a witness who is an officer in the public service
of Guyana other than an hourly or daily paid employee.
3. A subsistence allowance shall only be paid to a
witness in respect of the period during which he is necessarily
detained and which is reasonably spent in travelling to and
from the place where the Court is sitting.
4. No additional subsistence allowance shall be
payable to a witness who gives evidence in more than one
case on the same day.
5. By order of the Court a qualifying fee may be
allowed to a witness in a proper case at the same rate as
would be allowed to him for attending the Court.

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Remuneration of Interpreters
6. Interpreters shall be paid at the rate prescribed by
the rules of the Supreme Court of Guyana.
No remuneration will be paid in any criminal
proceeding to an interpreter who is a member of the Guyana
Public Service.
The Registrar may increase the scales of remuneration
prescribed in this Part if, in his opinion, strict adherence to
such scales would cause undue hardship.
Travelling Allowances payable to
witnesses, special Commissioners and Assessors
7. Subject to the provisions of this Part, a witness,
special commissioner or assessor who travels by air, rail or
other public conveyance shall be entitled to a refund of the
actual fare paid by him.
8. If the journey cannot be reasonably performed by
air, rail or other public conveyance, a witness, special
commissioner or assessor may use his own mode of transport
and, in such case, shall be paid a travelling allowance similar
to a rate paid to Government employees.
9. If a witness, special commissioner or assessor
conveys another person who is a witness, special
commissioner or assessor in or on his own conveyance, the
rate of allowance payable to him in terms of paragraph 8
shall be increased by an additional 1.00 per mile or part
thereof in respect of each person so conveyed.
10. A witness, special commissioner or assessor who
travels in or on the conveyance of another person who is a
witness, special commissioner or assessor shall not be
entitled to any travelling allowance.
11. No travelling allowance shall be paid to a witness,
special commissioner or assessor who resides within two
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miles of the place at which the Court is sitting.
12. When two or more modes or routes of travelling
are reasonably available to a witness, special commissioner
or assessor the travelling allowance payable to such person
shall be at the rate for travelling by the mode or route which
entails the least cost.
13. When a witness, special commissioner or assessor
travels by rail, the travelling allowance payable to him shall
be for travel by such class as he might reasonably be
expected to travel.
Remuneration of Special Commissioners and Assessors
14. A special commissioner or assessor shall be
remunerated at the rate of $5.00 per hour or part thereof, but
his remuneration shall not exceed $30.00 per day.
__________________

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APPENDIX C
CRIMINAL FORMS
INDEX TO FORMS
Form
No.
Appeals
Rules No.
Description of Form
1 O. III, r. 1 &
15
Notice of Appeal or Application
for leave to
appeal against conviction or
sentence under section 12 of the
Court of Appeal Act.
2 ‘’ 1 &
6
Notice of Application for
Extension of time within which
to appeal.
3 ‘’ 2(1) Judge’s Certificate.
4 ‘’ 8(5) Declaration verifying transcript
of short-hand notes.
5 ‘’ 14 Notification of Appellant of a
single Judge’s decision.
6 ‘’ 14 Notice of Appeal by Appellant
from refusal of a single Judge.
7 ‘’ 16(2) Recognizance of Appellant
sentenced to payment of a fine.
8 ‘’ 16(2) Recognizance of Sureties for
Appellant sentenced to a fine.
9 ‘’ 16(3) Notice of breach of his
recognizances to Appellant
sentenced to a fine.
10 ‘’ 16(3) Notice to Surety for Appellant
of estreat of recognizances.
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11 ‘’ 18(3) Recognizance of Bail of
Appellant convicted on
indictment.
12 ‘’ 18(3) Recognizance of Appellant’s
Sureties.
13 ‘’ 18(5) Notice to Officer in Charge of
Prisons to release Appellant on
bail.
14 ‘’ 18(6) &
(8)
Warrant for arrest of Appellant
on bail.
15 ‘’ 19(1) Notice of abandonment.
16 ‘’ 19(2) Notification of abandonment of
appeal.
17 ‘’ 22(1) Notification to Appellant of
result of application.
18 ‘’ 22(1) Notice to authorities of result of
application.
19 ‘’ 22(1) Notification to Appellant of the
result of his appeal.
20 ‘’ 22(1) &
23(1)
Notice to authorities of result of
appeal.
21 ‘’ 25(1) Order to witness to attend
Court for examination.
22 ‘’ 25(2) Appellant’s application for
further witness.
23 ‘’ 25(5) Notice to witness to attend
before an examiner.
24 ‘’ 25(7) Caption for deposition of
witness examined before
examiner.
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O. III, rr. 1 &
15
25 O. IV, r. 5(2) Notice of appeal or application
for leave to appeal from an
order of the Full Court made
upon appeal under section 31 of
the Court of Appeal Act.
26 ‘’ 4 Notice of application for
extension of the time within to
appeal.
_________________

CRIMINAL FORM 1
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION OR SENTENCE
UNDER SECTION 12 OF THE COURT OF APPEAL ACT.
THE STATE v ....................
Guyana
Criminal Appeal No………….of 20 ......
TO THE REGISTRAR OF THE SUPREME COURT
Name of Appellant………………………………………………
Convicted at the (1)………………held at ...... …………………...
Offence of which convicted (2)…………………………………...
Sentence……………………………………………………………..
Date when convicted (3)………………………………………
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Date when sentence passed (3)…………………………………
Name of Prison (4)……………………………………………….
I the above-named appellant hereby give you notice that I
desire to appeal to the Court of Appeal against my
(5)………….. on the grounds hereinafter set forth on page 2 of
this notice.
(Signed) (6)………………

……………………………
Appellant
Dated this (7)………day of…… A.D…………..
Questions (8)
1. Did the judge before
whom you were tried grant you
a certificate that is was fit case
for appeal?
2. Do you desire the Court
of Appeal to assign you legal
aid?
If your answer to this
question is ‚Yes‛ then answer
the following questions –
(a) What was your
occupation and what
wages, salary or
income were you
receiving before your
conviction?
(b) Have you any means to
enable you to obtain
legal aid for yourself?
Answer
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3. Is any counsel now acting
for you? If so, give his name
and address.
4. Do you desire to be
present when the Court
considers your appeal? (9)
5. Do you desire to apply
for leave to call any witnesses
on your appeal?
If your answer to this
question is ‚yes‛ you must also
fill in Form 22 and send it with
this notice.
Grounds of Appeal or
Application. (10)
Notes:
(1) Assizes or County Sessions.
(2) e.g. Larceny, Forgery, Habitual Criminal.
(3) Set out the actual date upon which the appellant was convicted.
(4) If not in custody here set out appellant's address in full.
(5) If the appellant wishes to appeal against
conviction he must write the word "conviction". If
he wishes to appeal against sentence he must
write the word "sentence". If he wishes to appeal
against both conviction and sentence he must
write the words "conviction" and "sentence".
(6) This notice must be signed by the appellant. If he
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O. III, rr. 1 & 6
cannot write he must affix his mark in the
presence of a witness. The name and address of
such attesting witness must be given.
(7) If this notice is signed more than ten days after
conviction or sentence appealed against the
appellant must also fill in Form 3 and send it with
this notice.
(8) The appellant must answer each of these
questions.
(9) An appellant is not entitled to be present on the
hearing of an application for leave to appeal.
(10) These must be filled in before the notice is sent to
the Registrar. The appellant must here set out the
grounds or reasons he alleges why his conviction
should be quashed or his sentence reduced.
If one of the grounds set out is "misdirection" by
the judge, particulars of such alleged misdirection
must be set out in this notice.
The appellant can also, if he wishes, set out, in
addition to his above reasons, his case and
argument fully.
_________________
CRIMINAL FORM 2
IN THE COURT OF APPEAL APPELLATE JURISDICTION
NOTICE OF APPLICATION FOR EXTENSION OF THE TIME WITHIN WHICH TO APPEAL
THE STATE v…………………
Guyana
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Here state the
offence e.g.,
larceny,
murder,
forgery, etc.
*When
applicant for
any reason not
in custody.
Here set out
clearly and
concisely the
reasons for the
delay in giving
such notice
and the
grounds on
which you
submit the
Court should
extend the
time.
Criminal Appeal No………… of 20…...
TO, THE REGISTRAR OF THE SUPREME COURT
I, …………….having been convicted of the offence of
……………in the ……………...Court held at………….on
the…………..day of…………20……, and being now a
prisoner in the Prison at…………….
* (or now living at…………),
give you notice that I hereby apply to the Court for an
extension of time within which I may give Notice of Appeal
(or Notice of application for leave to Appeal) on the grounds
following—
(Signed)
(or mark)
……………………………………
Applicant
Signature and address of
witness attesting mark.
Dated this………..day of…………20….
You are required to send to the Registrar of the Court,
duly filled up Form 1, together with this Notice.
_______


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Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 2 (1)
State shortly
the offence,
e.g. larceny,
murder, for-
gery, etc.
State in
general terms
the grounds on
which certifi-
cate granted.
CRIMINAL FORM 3
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
JUDGE'S CERTIFICATE
Guyana
Criminal Appeal No……. of 20….
THE STATE v...............
In the………….Court of…………holden at……………
WHEREAS the said .............. was tried and convicted
before me, the undersigned, in the said Court on
the…………… ........................... day of…....on a charge
of…….. ....................................... and was thereupon sentenced
by me to ......................................
I DO HEREBY CERTIFY that the case is a fit case for an
appeal by the said ... to the Court upon the following
grounds—
………………………….

Judge
DATED THIS………day of…………..20…..
________

LAWS OF GUYANA
Court of Appeal Cap. 3:01
141
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 8(5)
CRIMINAL FORM 4
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
DECLARATION VERIFYING TRANSCRIPT OF SHORTHAND NOTES
Guyana
Criminal Appeal No…………of 20……….

THE STATE v ....................
I, ..................... of ................ do solemnly and sincerely declare
that, having been required by the Registrar of the Supreme
Court to furnish him with a transcript of the shorthand note
relating to the trial (or other proceeding) in relation
to………………which shorthand note is now produced and
shown to me marked………………and purporting to have
been signed and certified by me, I have made a correct and
complete transcript thereof to the best of my skill and ability
in pursuance of the said requirement, which said transcript
is now shown to me marked "B". And I make this
declaration conscientiously believing the same to be true,
and according to the Statutory Declarations Act, and I am
aware that if there is any statement in this declaration which
is false in fact, which I know or believe to be false or do not
believe to be true, I am liable to fine and imprisonment.
DATED THIS…………….day of…………..20……
(Signed)…………………………..
_________
LAWS OF GUYANA
142 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 14
CRIMINAL FORM 5
IN THE COURT OF APPEAL APPELLATE JURISDICTION
NOTIFICATION TO APPELLANT OF A SINGLE JUDGE'S DECISION
Guyana
Criminal Appeal No……. of 20….
THE STATE v……………
I hereby give you notice that a Judge of the Court of
Appeal having considered your application(s) for-
(a) Leave to appeal;
(b) Extension of time within which notice of appeal or of
application for leave to appeal may be given;
(c) Permission to be present during the hearing of any
proceeding in your appeal;
(d) Admission to bail;
has refused the application(s) marked………… and has
granted your application(s) marked…………….
If your desire to have the above-mentioned application(s),
which has/have been refused, determined by the Court, you
are required to fill up the enclosed form and return it to me
forthwith.
DATED THIS……………day of……. 20….
(Signed) (Signed)………………………
Registrar
Supreme Court
To the above-named.
__________
LAWS OF GUYANA
Court of Appeal Cap. 3:01
143
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 14
CRIMINAL FORM 6
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF A SINGLE JUDGE
Guyana
Criminal Appeal No……….. of 20…...
THE STATE v…………......
TO THE REGISTRAR OF THE SUPREME COURT
I, ……………….having received your notification that my
application(s) for-
(a) Leave to appeal;
(b) Extension of time within which notice of
appeal or of application for leave to appeal
may be given;
(c) Permission to me to be present during the
hearing of any proceedings in my appeal;
(d) Admission to bail;
has/have been refused,
DOTH HEREBY GIVE YOU NOTICE that I desire that the
said application(s) shall be considered and determined by the
Court (and that as I am not legally represented I desire to be
present at the determination of my said application(s)*
(Signed)
(or mark)
…………………………
Appellant Signature and address
LAWS OF GUYANA
144 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
For signature
see Order III,
rule 3.

O. III, r. 16(2)
*Here fill in
the Court of
trial.
of witness attesting mark
DATED THIS day of…………20…….
If you desire to state any reasons in addition to those set
out by you in your original notice upon which you submit
that the Court should grant your said application(s) you may
do so in the space below.
*Strike out words inapplicable
_________
CRIMINAL FORM 7
IN THE COURT OF APPEAL APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF A
FINE
Guyana
Criminal Appeal No……………… of 20.....
THE STATE v………………
TO WIT: Be it remembered that whereas………..of was on
the ……………..day of…………20….. convicted
of……………and was thereupon sentenced to pay the sum of
$.................... as a fine for his said offence by the *……………..
and has intimated to the said Court that he desires to appeal
against his said conviction on a question of law alone (or
upon a certificate of the Judge of the said Court that his is a fit
case for appeal). And whereas the said Court considers that
the said Appellant may, in lieu of payment at and upon his
said conviction of the said sum, be ordered to enter into
recognizance of bail himself in the sum of $................... and
LAWS OF GUYANA
Court of Appeal Cap. 3:01
145
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
with…………..sureties each in the sum of $................ to
prosecute his said appeal before the Court of Appeal.
This said………..doth hereby acknowledge himself to owe
to the State the said sum of $.......... of good and lawful
money, to be made and levied of his goods and chattels, lands
and tenements, to the use of the State, if he the said…….. fail
in the condition endorsed.
Taken and acknowledge this………. day of………..20….,
at the said Court at and before the Judge of the said Court.
(Signed)……………………………..
Appellant
CONDITION
The condition of the within written recognizance is such
that if the said…………….of……….of……….shall personally
appear and be present at and before the Court of Appeal at
each and every hearing of his appeal to such Court and at the
final determination thereof and then and there prosecute his
said appeal and abide by the judgment of such Court, and not
depart or be absent from such Court, at any such hearing
without leave of such Court, and pay the said sum of
$..............or such sum as such Court may order to the
Registrar thereof, then this recognizance shall be void,
otherwise of full force and effect.
(Signed) …………..
Appellant
________

LAWS OF GUYANA
146 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 16(2)
CRIMINAL FORM 8
THE COURT OF APPEAL
APPELLATE JURISDICTION
RECOGNIZANCES OF SURETIES FOR APPELLANT SENTENCED TO A FINE
Guyana
Criminal Appeal No………. of 20……
THE STATE v………………
TO WIT: Be it remembered that on the…………….day of
20………………..of…………and………. personally came
before the*………………..and severally acknowledged
themselves to owe to the State the several sums following,
that is to say; the said the sum of $................. , and the
said…….. and sum of $............. of good and lawful
money, to be made and levied of their goods and chattels,
lands and tenements, respectively, to the use of the State
if………………..now before the said Court fail in the
condition hereon endorsed.
Taken and acknowledged before the said Court on the day
and year first above-mentioned.

(Signed)……………………………………….
Magistrate (etc.)
CONDITION
The condition of the within written recognizance is such that
whereas the said ................... having been convicted of
………..and having been sentenced to pay a fine of
$............for his said offence, and having now intimated his
desire to appeal on a question of law alone (or with the
LAWS OF GUYANA
Court of Appeal Cap. 3:01
147
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012

O. III, r. 16(3)
certificate of the Judge of this Court) to the Court of Appeal
against the said conviction, and having, in lieu of payment at
and upon his said conviction of the said sum of $............, been
ordered to enter into recognizance of bail himself in the sum
of $..............and with ............ sureties in the sum of $, if the
said ......................................... shall personally appear and be
present at and before the Court of Appeal at each and every
hearing of his appeal to such Court and at the final
determination thereof, and then and there prosecute his said
appeal and abide by the judgment of such Court, and not
depart or be absent from such Court at any such hearing
without the leave of such Court, then this recognizance shall
be void, otherwise of full force and effect.
(Signed)……………………
Surety
(Signed)……………………
Surety
___________
CRIMINAL FORM 9
THE COURT OF APPEAL
APPELLATE JURISDICTION NOTICE OF BREACH OF HIS RECOGNIZANCES TO APPELLANT
SENTENCED TO A FINE
Guyana
Criminal Appeal No…………. of 20….
THE STATE v…………………
TO THE ABOVE-NAMED………………APPELLANT
LAWS OF GUYANA
148 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 16(3)
WHEREAS you were convicted on the……………….. day of
………….. 20…., of the offence of……………….. and were
sentenced to the payment of $................, and in default of such
payment to imprisonment, and you entered into
recognizances in the sum of……….., with……….. sureties in
the sum of………… each, to prosecute your appeal, and
whereas fourteen days have elapsed since your said
conviction, and no notice of appeal has been served by you,
NOW I HEREBY GIVE you notice that unless you attend at
the sitting of the Court to be holden on the…………. day
of…………. 20……, and then show good cause to the contrary
the Court may order an estreat of your recognizances and
those of your sureties, or may otherwise deal with you
according to law.
(Signed)…………………………
Registrar
Supreme Court
________________________
CRIMINAL FORM 10
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO SURETY FOR APPELLANT OF ESTREAT
OF RECOGNIZANCES
Guyana
Criminal Appeal No….of 20….
THE STATE v………………
TO……………..of……..
LAWS OF GUYANA
Court of Appeal Cap. 3:01
149
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 18(3)
WHEREAS you the above-named, became duly bound in
recognizances as suety, for that the said……………… having
been convicted of…………….. and for his said offence fined
the sum of $................ should duly prosecute an appeal in
relation to the said………….. has not so prosecuted his
appeal, now I hereby give you notice that the sitting of the
Court on…………………. next your good cause to the
contrary.

(Signed)……………………………………
Registrar
Supreme Court
____________
CRIMINAL FORM 11
THE COURT OF APPEAL
APPELLATE JURISDICTION
RECOGNIZANCE OF BAIL OF APPELLANT CONVICTED
ON INDICTMENT
Guyana
Criminal Appeal No…………… of 20….

THE STATE v…………………….
BE IT REMEMBERED THAT WHEREAS………….. was
convicted of………….on the………….day
of…………..20…..(and was thereupon sentenced
to…………..), and now is in lawful custody in the Prison
at…………….. and has duly appealed against his conviction
LAWS OF GUYANA
150 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
State Office.
State Office.
(and sentence) to the Court, and has applied for bail pending
the determination of his appeal, and has been granted bail on
entering into his own recognizances in the sum of
$..............with………sureties each in the sum of $.......... the
said……….. personally cometh before me the undersigned,
being the………….and acknowledges himself to owe to the
State the said sum of $................ of good and lawful money, to
be made and levied of his goods and chattels, land and
tenements to the use of the State, if he the said…….fail in the
condition endorsed.
TAKEN and acknowledged this…………day of……..
20….., at ………………….. before me.

(Signed)……………………………
Office: Magistrate, etc.
CONDITION
The condition of the within written recognizances is such
that if the said……… shall personally appear and surrender
himself at and before the Court of Appeal at each and every
hearing, of his appeal to such Court and at the final
determination thereof and then and there abide by the
judgment of such Court and not depart or be absent from
such Court at any hearing without the leave of such Court,
and in the meantime not depart from his usual place of abode
without the leave of such Court, then his recognizance shall
be void, otherwise of full force and effect.
The following to be filled up by the Appellant and signed
by him.
When released on bail my residence, to which any Notices,
etc. are to be addressed, will be as follows –

LAWS OF GUYANA
Court of Appeal Cap. 3:01
151
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012

O. III, r. 18(3)

Signed…………………………….

Appellant
___________
CRIMINAL FORM 12
IN THE COURT OF APPEAL
APPELLATE JURISDICTION
RECOGNIZANCE OF APPELLANT’S SURETIES
Guyana
Criminal Appeal No….of 20 ....
THE STATE v ..................
BE IT REMEMBERED that on this ................. day of……20
of ............... and ................ of ................ personally came before
me, the undersigned, being the ........ of .........................................
and severally acknowledged themselves to owe to the State
the several sums following, that is to say, the said .....................
the sum of $................and the said .... and the said .......................
…………….the sum of $......... of goods and lawful money to
be made and levied of their goods and chattels, lands and
tenements respectively ,to the use of the State, if…………….
now in lawful custody in the Prison at .........................................
fail in the condition hereon endorsed.
Taken and acknowledged before me the undersigned, the
day and year first above-mentioned.

LAWS OF GUYANA
152 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
State Office
………………………………….
Magistrate, etc.
CONDITION
The condition of the within written recognizance is such
that whereas the said…….having been convicted of……and
now in such lawful custody as before mentioned (under
sentence of…………for such offence), has duly appealed to
the Court of Appeal against his said conviction (and
sentence) and having applied to such Court for bail, pending
the determination of his said appeal, has been granted bail on
his entering into recognizances in the sum of $..............if the
said……….shall personally appear and surrender himself at
and before such Court at each and every hearing of his said
appeal to such Court and at the final determination thereof,
and then and there abide by the judgment of such Court, and
not depart or be absent from such Court at any such hearing
without the leave of such Court, and in the meantime not
depart from his usual place of abode without the leave of
such Court, then this recognizance shall be void, otherwise of
full force and effect.
(Signed)……………………
Surety
(Signed)…………………….
Surety
_________

LAWS OF GUYANA
Court of Appeal Cap. 3:01
153
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 18(5)
CRIMINAL FORM 13
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO OFFICER IN CHARGE OF PRISONS TO RELEASE APPELLANT ON BAIL
Guyana
Criminal Appeal No……………of 20….

THE STATE v…………………
TO THE OFFICER IN CHARGE OF PERSONS
WHEREAS…………..was convicted of…………on
the………..day of………..20….(and was thereupon sentenced
to…………) and now is in lawful custody in the Prison
at………….
AND WHEREAS……………having duly appealed to the
Court of Appeal against such conviction (and/or sentence)
[and has now appealed against the Order of the Full Court
made on the………… day of………..20…..] and having duly
applied to that Court/to the Court, has been granted bail by
the said Court pending the determination of his said appeal
on entering into recognizances himself in the sum of
$..................., (and with……….sureties each in the sum of
$...........), in the forms provided under these Rules.
AND WHEREAS I, the Registrar of the said Court have
been given to understand that the said…………..is now in
your lawful custody in the said prison under the said
conviction and sentence.
LAWS OF GUYANA
154 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012

O. III, r. 18(6)
&(8)
(a) State Office
Head of
AND WHEREAS I have received a recognizance of the
said…….and recognizances from……….sureties for the
said…….. and the said recognizances are in due form and in
compliance with the order of the said Court of Appeal
admitting the said………to bail.
Now I do give you notice that if the said………….do
remain in your custody under the said conviction (and
sentence) and for no other cause you shall on receipt of this
notice suffer him to go at large. And this notice shall be your
authority in that behalf.
DATED this…………day of………….20…..

(Signed)………………………….
Registrar
Supreme Court
_________
CRIMINAL FORM 14
THE COURT OF APPEAL
APPELLATE JURISDICTION
WARRANT FOR ARREST OF APPELLANT ON BAIL
Guyana
Criminal Appeal No…………of 20…..

THE STATE v………………
TO THE CONSTABLES OF THE POLICE FORCE (OR
LAWS OF GUYANA
Court of Appeal Cap. 3:01
155
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
Prisons.
(a) State Office
Head of
Prisons.

O. III, r. 19(1)
COURT MESSENGERS OR AS THE CASE MAY BE), AND
TO THE (a)………….OF THE PRISON AT…………..
WHEREAS……………an Appellant in the Court has been
released on bail, and it has now been ordered by the said
Court that a Warrant be issued for the apprehension of the
said……………….
These are therefore to command you the said Constables
(or Court Messengers or as the case may be) forthwith to
apprehend the said ………… and bring him to the
(a)………..of the said prison and there deliver him with this
warrant into the custody of the said(a)…………… and you the
said (a)……….. are hereby required to receive the said………
into your custody in the said prison and there safely to keep
him until further order of the said Court.
…………………………………
Presiding Judge
DATED this……………day of………….20…..
__________
CRIMINAL FORM 15
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF ABANDONMENT
Guyana
Criminal Appeal No…………..of 20…..


LAWS OF GUYANA
156 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
For signature
see Order III,
rule 3.

O. III, r. 19(2)
THE STATE v……………
TO THE REGISTRAR OF THE COURT OF APPEAL
I,…………………… having been convicted of…………in
the……….Court at………… and having been desirous of
appealing to the Court against my said conviction (or the
sentence of…………passed upon me on m said conviction) do
hereby give you notice that I do not intend further to
prosecute my appeal, but that I hereby abandon all further
proceedings in regard thereto as from the date hereof.
(Signed)
(or mark)
Signature and address of
Witness attesting mark.
DATED this……………day of………20……
__________
CRIMINAL FORM 16
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTIFICATION OF ABANDONMENT OF APPEAL
Guyana
Criminal Appeal No………………..of 20…..

THE STATE v………………

LAWS OF GUYANA
Court of Appeal Cap. 3:01
157
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012

O. III, r. 22(1)
TO THE DIRECTOR OF PUBLIC PROSECUTIONS
This is to give you notice that I have this day received from
the above-named……....a notice of abandonment of all
proceedings in regard to his appeal to the Court. The said
notice is dated the………. day of………, 20…..
By the Order III, rule 19(1) of the Court of Appeal Act,
upon the notice of abandonment being given the appeal shall
be deemed to have been dismissed by the Court.
DATED this…………day of…………20…..
……………………………..
Registrar of Supreme Court
Send copies addressed to :-
(a) The Secretary to the Office of the President for
the information of the President or the Officer for the time
being administering the Government, if the conviction
involved a sentence of death.
(b) The Director of Public Prosecutions.
(c) The Prison Authority.
_________
CRIMINAL FORM 17
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION
Guyana
Criminal Appeal No………………of 20….

LAWS OF GUYANA
158 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 22(1)
THE STATE v……………
To the above-named Appellant.
This is to give you notice that the Court have considered the
matter of your application for –
(a) Leave to appeal to the said Court;
(b) Leave to extend the time with which you may
give notice of appeal or of application for leave to
appeal;
(c) Permission to be present during the
proceedings in your appeal;
(d) Admission to bail;
(e) Insert here nature of any other application
that may have been made;
and have finally determined the same and have this day
given judgment to the effect following –
…………………………………….
Registrar of the Supreme Court

DATED this…………….day of……….20….
__________
CRIMINAL FORM 18
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO AUTHORITY OF RESULT OF APPLICATION

LAWS OF GUYANA
Court of Appeal Cap. 3:01
159
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
Here set out the
decision of the
Court
Guyana
Criminal Appeal No………….of 20….

THE STATE v…………….
To the Director of Public Prosecutions-*
To……………………………………………………………………
……
This it to give you notice that the above-mentioned having
applied for-
(a) leave to appeal to the said Court;
(b) leave to extend the time within which he may
give notice of appeal or of application for leave to
appeal;
(c) permission to be present during the
proceedings in his appeal;
(d) admission to bail;
(e) insert here nature of any other application
that may have been made;
the Court have this day finally determined his said
applications and have given judgment to the effect following

…………………………………..
Registrar of the Supreme Court
______________________________________________________

*Send copies addressed to-
(a) The Secretary to the Office of the President for the
information of the President, or the Officer for the time being
administering the Government if sentence of death has been
passed.
(b) The Director of Public Prosecutions.
(c) The Prison Authority
___________
LAWS OF GUYANA
160 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 22(1)
O. III, rr. 22(1)
& 23(1)
CRIMINAL FORM 19
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTIFICATION OF APPELLANT OF THE RESULT OF HIS
APPEAL
Guyana
Criminal Appeal No…………of 20....
THE STATE v…………….
To the above-named Appellant.
This is to give you notice that the Court, having considered
the matter of your appeal, have finally determined the same
and have this day given judgment to the effect following-
…………………………………
Registrar of the Supreme Court
DATED THIS………….day of……….20….
__________
CRIMINAL FORM 20
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO AUTHORITIES OF RESULT OF APPEAL

LAWS OF GUYANA
Court of Appeal Cap. 3:01
161
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
Here set out the
decision of the
Court.
Guyana
Criminal Appeal No……… of 20….

THE STATE v…………….
To the Director of Public Prosecutions* -
To…………………………………………………………………
This is to give you notice that the above-named having
appealed against his conviction of the offence
of…………before the Court, and/or the sentence
of………..passed upon him for the offence of………by
the………….Court, the Court of Appeal have finally
determined the said appeal, and have this day given
judgment therein to the effect following-
………………………………
Registrar of the Supreme Court
DATED this…………….day of…………20……
______________________________________________________
*Send copies addressed to –
(a) The Secretary to the Office of the President for the
information of the President, or the Officer for the time being
administering the Government if sentence of death is
involved.
(b) The Director of Public Prosecution
(c) The Prison Authority
__________

LAWS OF GUYANA
162 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 26(1)
Name, etc. of
witness.
CRIMINAL FORM 21
THE COURT OF APPEAL
APPELLATE JURISDICTION
ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION
Guyana
Criminal Appeal No………..of 20….
THE STATE v………………
To…………of……………
WHEREAS on good cause shown to the Court you have
been ordered to attend and examined as a witness before such
Court upon the appeal of the above-named.
This is to give you notice to attend before the said Court
at………….on…………….the………….day of………….20…..
at....... o’clock in the……….noon. You are also required to
have with you at the said time and place any books, papers or
other things relating to the said appeal of which you may
have had notice so to produce.
…………………………….
Registrar of the Supreme Court
DATED this…………..day of………20……
_________

LAWS OF GUYANA
Court of Appeal Cap. 3:01
163
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 25(2)
For signature
see Order III,
rule 3.
CRIMINAL FORM 22
THE COURT OF APPEAL
APPELLATE JURISDICTION
APPELLANT’S APPLICATION FOR FURTHER WITNESS

Guyana
Criminal Appeal No……………..of 20……….
THE STATE v………………
I,……………having appealed to the Court, hereby request
you to take notice that I desire that the said Court shall order
the witnesses hereinafter specified to attend the Court and be
examined on my behalf.
(Signed)
(or Mark)
………………………….
Appellant
Signature and address of
witness attending mark.
DATED this…………….day of………20….
You are required to fill up the following and sign the same:
1. Names and addresses of witnesses.
2. Whether such witnesses have been examined
at trial.
3. If not, state the reason why they were not so
examined.
4. On what matters do you wish them to be
examined on the appeal, State shortly the
evidence you think they can give.
_________
LAWS OF GUYANA
164 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 25(5)
(a) Specify
place of
examination.
(b) Fill in
examiner’s
name.
CRIMINAL FORM 23
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER
Guyana
Criminal Appeal No…………. of 20….

THE STATE v…………….
To…………………………………………………………………..
of…………………………………………………………………..
WHEREAS on good cause sown to the Court you have
been ordered to be examined as a witness upon the appeal of
the above-named, and your deposition to be taken for the use
of the said Court.
This is to give you notice to attend at (a)…………….on
the……….day of…………20……before
(b)…………..at…………… o’clock in the…….....noon
You are also required to have with you at the said time
and place any books, papers or other things under your
control or in your possession in any manner relating to the
said appeal of which you may have had notice so to produce.

…………………………………
Registrar of the Supreme Court
DATED this………….day of………..20…..
_________

LAWS OF GUYANA
Court of Appeal Cap. 3:01
165
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
O. III, r. 25(7)

O. IV, r. 6(2)
CRIMINAL FORM 24
THE COURT OF APPEAL
APPELLATE JURISDICTION
CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE
EXAMINER
Guyana
Criminal Appeal No………………of 20…

THE STATE v………………
The deposition (on oath) taken before me the undersigned,
being an examiner duly appointed by the Court in that behalf
of………..of………..and………..of………….witnesses,
examined before me under an order of the said Court dated
the………..day of…………20….in the presence of the
said…….Appellant (or of his professional representative) and
Respondent had full opportunity of asking questions of the
said witnesses, to whom the depositions following were red
by me before signed by them the said witnesses respectively.

The deposition of………..of………..who (upon oath duly
administered by me) said as follows-
………………………………
__________
CRIMINAL FORM 25
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO
APPEAL FROM AN ORDER OF THE FULL COURT MADE
LAWS OF GUYANA
166 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
UPON APPEAL UNDER SECTION 31 OF THE COURT OF
APPEAL ACT
Guyana
Criminal Appeal No…of 20…...

Between
……………………...(Prosecutor/Defendant)Appellant
and
………………..…(Prosecutor/Defendant) Respondent
TO THE REGISTRAR
TAKE NOTICE that the Prosecutor/Defendant* Appellant
desires to appeal against the judgment/order/that part of the
judgment/order* more particularly stated in paragraph 2
hereof contained in a judgment/order of the Full Court dated
the…………..day of………….20……upon the grounds set out
in paragraph 3 and will at the hearing seek the order set out
in paragraph 4.
And the Appellant further states that the names and
addresses, including his own, of the persons directly affected
by the appeal are those set out in paragraph 5.
2. (State the offence or misconduct, the subject of the
criminal cause or matter, and, the finding and sentence or
order of the inferior court and of the Full Court thereon.)
3. (a) (State whether appeal is brought under paragraph (b)
of section 31(1) of the Court of Appeal Act, and, if so, state the
grounds.)
(b) (If not under paragraph (b) of section 31(1), state the
ground of law.)
4. (State the order sought from the Court of Appeal.)
5. Persons directly affected by the appeal.
LAWS OF GUYANA
Court of Appeal Cap. 3:01
167
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
Name Address
(1)
(2)
(3) etc.
Questions to be answered by the appellant
(Only to be answered by a prosecutor appellant)
(A) Has the Full Court granted leave to appeal? If so,
attach the Certificate of the Registrar of the Full Court to this
Form.
(B) Is the defendant-respondent in custody? If so, in
that prison? Question (only to be answered by a defendant
appellant)
Questions
1. Do you desire the Court of Appeal to
assign you legal aid?
If your answer to this question is ‚Yes‛
then answer the following questions-
(a) What was your occupation and what,
salary or income were you receiving before
your convictions?
(b) Have you any means to enable you to
obtain legal aid for yourself?
2. Is any counsel now acting for you? If so,
give his name and address.
3. Are you in custody?
If so state –
(a) The Prison
(b) Whether you desire to be present when
the Court hears your appeal.
Answers
LAWS OF GUYANA
168 Cap. 3:01
Court of Appeal
[Subsidiary]
The Court of Appeal Rules
L.R.O. 1/2012
O. IV, r. (5)
*Form 25
Here set out
clearly and
DATED THIS……………day of………20…..
(Signed)…………………………………….
Appellant(s)
____________________________________________________
*Strike out words inapplicable
___________
CRIMINAL FORM 26
THE COURT OF APPEAL
APPELLATE JURISDICTION
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO
APPEAL FROM AN ORDER OF THE FULL COURT MADE
UPON APPEAL UNDER SECTION 31 OF THE COURT OF
APPEAL ACT
Guyana
Criminal Appeal No………of 20…..
TO THE REGISTRAR OF THE COURT
TAKE NOTICE that the Prosecutor/Defendant Appellant
hereby applies to the Court for an extension of time within
which to give notice of appeal/notice of application for leave
to appeal against the judgment/order of the Full Court
contained in a judgment order dated the…………….day
of…………20… and more particularly stated in the notice of
appeal attached hereto*
The grounds for this application to extend the time are as
follows –
LAWS OF GUYANA
Court of Appeal Cap. 3:01
169
[Subsidiary] The Court of Appeal Rules
L.R.O. 1/2012
concisely the
reasons for the
delay in giving
such notice and
the ground on
which it is
submitted that
the Court
should extend
the time.
……………………….
Applicant
Note:
The applicant is required to send to the Registrar of the
Supreme Court, duly filled up, Form 25, together with this
notice.
________________
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