Judicature (Appellate Jurisdiction) Act

Link to law: http://www.moj.gov.jm/laws/judicature-appellate-jurisdiction-act
Published: 1962-08-05

JUDICA TURE (APPELLATE JURISDICTION) 1

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THE JUDICATURE (APPELLATE
JURISDICTION) ACT

ARRANGEMENT OF SECTIONS
PART I. Preliminary

Short title

Interpretation.

PART lI. Composition, Jurisdiction and Powers
of the Court of A p p d

Judges of Court of Appeal.
Qualification and status of Judges of the Court of Appeal.
Sittings of Court.

Seal.

Registrar and other officers.

Appointment, qualification and duties of Deputy Registrar.

Jurisdiction of Court of Appeal.
PART 111. Appellate Civil Jurisdiction

Appeals from Supreme Court in civil proceedings.
Restrictions on appeals.

Appeals h m Resident Magistrates’ Courts in civil proceedings.
PART N. Appellate Criminal Jurisdiction

(Supreme Court)

Right of appeal on conviction in the Supreme Court.
Determination of appeals in ordinary cases.
Wrong conclusion on special verdict.

Time for appealing.

Judge’s notes and report to be fumished on appeal.
Forms and instructions to be furnished by Registrar.

Custody of documents and exhibits.

[Repealedby Act 36 ofI997. S. 29.1

? JUDICATURE (APPELLATE JURISDICTION)

21. Right of appellant to be present at hearing of appeal.

PART IVA. Appellafe Criminalhisdiction in maIfers CMCerning
writ of habeas corpus ondpremgativeorders

21A.

22.

23.

24.

25.

26.

27.

28.

29.
30.

31.

32.

33.

34.

35.

Appeals in hnbeas corpus proceedings and in relation to prc
mgative orders.

PART V. Appellate Criminal Jvrirdiction
(Resihu Magisfrates ’ Courls)

Appeals horn Resident Magisbates in Criminal proceedings.
Powers and authorities of Court of Appeal.

PART VI. General ProviEions Relating to
Criminal Appeals

Powers of court in special cases.
Appeals from special verdict of guilty but insane.

Revesting and restitution ofproperty on conviction.
Suspension of sentence of death 01 corporal punishment.
Supplemental powers of court.
Reference of case by GovemorGmd.
Costs of appeal.

Release of appellant on bail, and custody when attending Court of

Powers which may be exercised by a Judge of tbe Court
Appeal.

Procedure in court of Appeal.

PART W. &peak in Contempt Proceedings

Appeals 6om orders in contempt proceedings.

PART VIII. Appeals to Her Majesty in Council
(Criminal Jurisdiction)

Appeals to Her Majesty in Council in Criminal Csses. __

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I

G

JUDZCA TURE (APPELLATE JURISDICTION 3

LRW 36 of 1997
15 of 1962. S. 29,.

Acts 19 of 2000
33 of 1965 S. 23.

THE JUDICATURE (APPELLATE
S. 17. 5 of 2003.

29 of 1966, 13 of 2008.
JURISDICTION) ACT

3rd Sch.,
I2 of 1970,
24 of 1971.

[5th August, 1962.1 42 or 1973
S. 14.

PART I. Preliminary

1. This Act may be cited as the Judicature (Appellate Sllorttitle.
Jurisdiction) Act.

2. In this Act- Interpre-
tation.

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

"appointed day" means the 5th day of August, 1962;

"clerk of the court" means the clerk of a Resident Magis-
trate's Court appointed under the Judicature (Resident
Magistrates) Act;

"Court" means the Court of Appeal;

"enactment" includes any regulation or instrument issued
pursuant to a statutory power;

"former Court of Appeal" means the Court of Appeal estab-
lished by the Judicature (Court of Appeal) Law (now Cap, 178
repealed) prior to the appointed day; (1953

Edtn.).

"former Supreme Court" means the Supreme Court of
Jamaica as constituted immediately prior to the appoint-
ted day;

"Judge" means Judge of the Court of Appeal;

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4 JUDICA TURE (A PPELLA TE JURISDICTION)
,

"judgment" or "sentence" includes any order of a coui?
made on conviction with reference to the person
convicted or his children, and any recommendation
of a court as to the making of a deportation order
in the case of a person convicted, and the power of
the Court of Appeal to pass a sentence includes a power
to make any such order of a court or recommendation,
and a recommendation so made by the Court of Appeal
shall have the same effect for the purposes of

0
section 15 of the Aliens Act, as the certificate and
recommendation of the convicting court;

"matrimonial cause" means any suit within the juris-

!
diction of the court under the Matrimonial Causes Act;

1271970 "Privy Council" means the Privy Council established by
S. 2. section 82 of the Constitution of Jamaica;

" ~ e ~ i s t r s " means the Registrar of the Court of Appeal,;
"Supreme Court" means the Supreme Court for Jamaica.

. ,

PART 11. Composition, Jurisdiction and Powers
of Court of Appeal

Judges of
Court of

3.-41) The Judges of the Court shall be-
Appeal. (a) a President;

(b)- the Chief Justice by virtue of his office as head of the
Judiciary but who, however, shall not sit in the Court
unless there are at least four other Judges sitting and
unless he has been invited so to sit by the President of
the Court;

1312008 (c) not less than three nor more than twelve other Judges.
S. 2 (a)
1312008 (2) The Minister may by order published in the Gazette
s: 2 (b). amend subsection ( 1 ) so as to increase the maximum number of @

Judges who may be appointed to the Court, which.order shall be
subject to affirmative resolution.

Qualification 4.-41) A person shall not be appointed to be a Judge of the
and status of
Judgesof Court unless he is a member of the Bar of Jamaica, England,
lhe Court . Scotland or Northern Ireland-
of Appeal.

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JUDICATURE (APPELLATE JURISDICTION) 5

(a) of at least ten years standing; or

(b) who holds or has held office as a Judge of a court
having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court
having jurisdiction in appeals from any such
court.

(2) Judges of the Court shall have in all respects, save
as otherwise provided in this Act, equal power, authority and
jurisdiction.

5. The Court may, if the President of the Court so directs, sittingsof
sit in more than one division of three Judges at the same
time. s. 2 (a).

1312008
S. 3.

6. The President of the Court shall cause a Seal to 6e seal.
provided for the Court.

7.-(1) There shall be a Registrar of the Court, and a person Registrar
and other shall not be appointed to be Registrar unless he is a member of officers,

the Bar 0.f Jamaica, England or Northern Ireland or of the 2411971
Faculty of Advocates of Scotland, or a Solicitor of the Supreme S. 2 (a).

Court of Jamaica or of the Supreme Court of Judicature of
Eng1and;Scotland or Northern Ireland or a Writer to the Signet
of Scotland.

(2) The Registrar shall have such power and authority 2411971
and perform such duties as shall be necessary for the due S.2(b).
conduct and discharge of the business of the Court and as the
President of the Court shall direct.

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

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6 JUDICATURE (APPELLATE JURISDICTION)

(4) There shall be attached to the Court such other
officers as may be prescribed by rules of court.

roint-
It,
lification
duties

)eputy
gistrar.
1966

2 0).

8.-41) There shall be attached to the Court such number of
Deputy~e~is t ra r s (each of whom is hereinafter referred to as
the Deputy Registrar) as may from time to time be appointed by
the Governor-General.

(2) A person shall not be appointed to be Deputy
0

Registrar unless he is a member of the Bar of Jamaica,
England or Northern Ireland or a member of the Jamaica
Bar or of the Faculty of Advocates of Scotland, or a
Solicitor of the Supreme Court or of the Supreme Court of
Judicature of England, Scotland or Northern Ireland or a Writer
to the Signet of Scotland.

(3) The Deputy Registrar shall subject to the general or
special directions of the Registrar assist the Registrar in the
performance of the duties of Registrar, and the Deputy
Registrar shall in the exercise of his office have all and singular
the like authorities, powers, duties, immunities and liabilities of
the Registrar.

(4) Everything by this Act or any enactment amending
or incorporated with the same appointed or authorized or
required to be done or signed by the Registrar may be done
or signed by the ~ e ~ & ~ Registrar and shall be as valid
and effectual as if done or signed by the Registrar.

Jurisdiction
o f Court

9. There shall be vested in the Court of Appeal-
of Appeal.

(a) subject to the provisions of this Act the jurisdiction
and powers of the former Court of Appeal
immediately prior to the appointed day;

(b) such other jurisdiction and powers as may be con-
ferred upon them by this or any other enact-
ment.

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JUDICATURE (APPELLATE JURlSDiCTlON) 7

PART 111. A ppellaie Civil Jurisdiction
10. Subject to the provisions of this Act and to rules of Appeals

court, the Court shall have jurisdiction to hear and deter- &'&,e
mine appeals from any judgment or order of the Supreme zii"p$-
Court in all civil proceedings, and for all purposes of and ceedings.
incidental to the hearing and determination of any appeal,
and the amendment, execution and enforcement of any
judgment or order made thereon, the Court shall subject
as aforesaid have all the power, authority and jurisdiction
of the former Supreme Court prior to the commencement
of the Federal Supreme Court Regulations, 1958.

11.41) No auueal shall lie- Restrictions _ _ . .
on appeals.

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

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

(c) from the decision of the Supreme Court or of any
Judge thereof where it is provided by any law
that the decision is to be find,

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

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

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a JUDICATURE (APPELLATE I U R l S D l C T l O ~

(f l without the leave of the Judge or of the Court of
Appeal from any interlocutory judgment or any
interlocutory order given or made by a Judge
except-

(i) where the liberty of the subject or the cus-
tody of infants is concerned;

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

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

(iv) in the case of an order on a special case
stated under the Arbitration Act;

(v) in the case of a decision determining the
claim of any creditor or the liability of any
contributory, or the liability of any director
or other officer under the Companies Act in
respect of misfeasance or o.therwise;

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

(2) In this section “Judge” means Judge of the
Supreme Court.

Appeals 12.41) Subject to the provisions of this Act, to the pro-
dsnl Magis- visions of the Judicature (Resident Magistrates) Act,
tlab’s courts regulating appeals from Resident Magistrates’ Courts
inciTi1m- in civil proceedings, and to rules made under that Act,
cced1ng?* an appeal shall lie to the Court from any judgment,

decree or order of a Resident Magistrate’s Court in all civil
proceedings.

from Resi-

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JUDICATURE (APPELLATE JURISDICTION) 9

(2) Notwithstanding anything to the contrary the izi1970
time within which- s. 3.

(a) notice of appeal may be given, or served;

(6) security for the costs of the appeal and for the
due and faithful performance of the judgment and
orders of the Court of Appeal may be given;

(c) grounds of appeal may be filed or served,
in relation to appeals under this section may, upon applica-
tion made in such manner as may be prescribed by rules
of court, be extended by the Court at any time.

PART IV. A ppeliate Criminal Jurisdiction

13.-(1) A person convicted on indictment in the Right of

in the
(a) against the conviction on any ground of appeal Supreme

court.
1211970
S. 4 (a).

(b) with leave of the Court of Appeal or upon the
certificate of the Judge of the Supreme Court be-
fore whom he was tried 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 on any
other ground which appears to the Court or
Judge aforesaid to be a sufficient ground of appeal,
and

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

(Supreme Courr)

Supreme Court may appeal under this Act to the Court- conviction appeal on

which involves a question of law alone; and

(2) This section shall apply in the case of convictions 1211970
on criminal informations and coroner’s inquisitions and in (b).

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10 JUDICATURE (APPELLATE JURISDICTION)

cases where a person is dealt with by a Circuit Court as
an incorrigible rogue under the Vagrancy Act as it applies
in the case of convictions on indictment.

Determina-

appalsin
Ordinary cases.

14.-(1) The Court on any such appeal against convic-
tion 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 which 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 provisions of this Act the Court
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 so require, order
a new trial at such time and place as the Court may think
fit.

(3) On an appeal against sentence the Court shall,
if they think that a different sentence ought to have been
passed, quash the sentence passed at the trial, and pass
such other sentence warranted in law by the verdict (whe-
ther more or less severe) in substitution therefor as they
think ought to have been passed, and in any other case
shall dismiss the appeal.

tlOn of

Wrong con- 15. Where on the conviction of the appellant the jury
special WT- have found a special verdict, and the Court consider that

a wrong conclusion has been arrived at by the court before

clusion on

dict.

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JUDICATURE (APPELLATE JLrRJSDICTIOh~

which the appellant has been convicted on the effect of
that verdict, the Court 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 niay be warranted in law.

J I

3

16.+1) Where a person convicted desires to appeal unde.r Time lQr appes1,ng.
this Part to the Court or to obtain the leave of the 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) Such rules shall enable any convicted person to
present his case in writing instead of by oral argument if he so
desires and any case so presented shall be considered by the
court.

(3) 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.

(4) For the purposes of this section, the date of con-
viction shall, where the court has adjourned the trial of an
indictment after conviction, be the date on which the
court sentences or otherwise deals with the offender.

17. The Judge of any court before which a person Judge's
is convicted shall, in the case of an appeal under this Part repDnIo
against the conviction or against the sentence, or in the kfum'rhed
case of an application for leave to appeal under this
Part, furnish to the Registrar, in accordance with rules
of court, his notes of the trial; and shall also furnish to

notes and

on appeal.

12 JUDICATURE (APPELLATE JURISDICTION)

the Registrar in accordance with rules of court a
report giving his opinion upon the case or upon any
point arising in the case.

Forms and
L"StmUCII0"S

to be fur-
nished by
Registrar.

CUErDdy of
documenls
and exhibils.

18. The Registrar shall furnish the necessary forms -7
and instructions in relation to notices of appeal or
notices of application under this Part to any person
who demands the same, and to officers of the Court
and of the Supreme Court, Superintendents of Adult
Correctional Centres and such other officers or persons
as he thinks fit, and the Superintendent of an Adult
Correctional Centre shall cause those forms and
instructions to be placed at the disposal of inmates
desiring to appeal or to make any application under
this Part and shall cause any such notice given by
an inmate in his custody to be forwarded on behalf
of the inmate to the Registrar.

19. Any documents, exhibits or other things connected
with the proceedings on the trial of any person who,
if convicted, is entitled or may be given leave to
appeal under this Part shall be kept in the custody
of the court of trial in accordance with rules of
court made for the purpose, for such time as
may be provided by 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.

c
20. [Repealed by Acf 36 of 1997, S. 29.1

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JUDICA TUXE (APPELU TE JURISDICTION) 13

2 1 .+I) An appellant, notwithstanding that he is in tO
custody, shall be entitled to be present, if he desires it, bcpnacnl
on the hearing of his appeal but, on an application for :ft;j:;
leave to appeal and on any proceedings preliminary or
incidental to an appeal, shall not be entitled to be pre-
sent, except where rules of court provide that he
shall have the right to be present, or where the Court
give him leave to be present.

r'
_-

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

PART IVA. Appellate Criminal Jurisdiction in maiters i7i:9q1
concerning writ ofhabeas corpus and

prerogative orders

21A.41) An appeal shall lie to the Court-

(a) in any proceedings upon application for a writ :LEs
of habeas corpus in a criminal 'cause or matter mdin

rclsrion 10 against the refusal to grant the writ; prcrogauve
ordm. (b) in any proceedings upon an application for an

order of certiorari,mandamus or prohibition, in a
criminal cause or matter, against the grant of the
order as well as against the refusal of such an order.

U'

(2) For the purpose of disposing of an appeal under
this section the Court may exercise any powers of the court
below or remit the case to that court.

14 JUDICATURE (APPELLATE JURISDICTION)

(3) The decision of the Court in any appeal under this
Part shall be final.

(4) Nothing in this Part shall affect the provisionsof
Part III in so far as they confer a right of appeal in civil
proceedings upon any application in matters in relation to
which a right of appeal is conferred by this Part. ,’7

(5) In this section “writ of lmbem corps” means a writ
of habeas corpus adsubjiciendum.”.

PART V. Appelhte CriminaIJurisdiction
(Resident Magisti-ates ’ Courts)

Powers d
Court in
special
-.

22. Subject to the provisions of this Act, to the pro-
visions of the Judicature (Resident Magistrates) Act
regulating appeals from Resident Magistrates in criminal
proceedings and to rules made under that Act, an appeal
shall lie to the Court from any judgment of a Resident
Magistrate in any case tried by him on indictment, or on
information in virtue of special statumy summary juris-
diction.

23. On appeals under this Part the Court shall have and may
exercise the powers and authorities conferred on the Court by
subsection (3) of section 14.

G PART VI. General Provisions Relnting to Criminal Appeals
24.--(1) If it appears to the Court that an appellant,

though not properly convicted on some count or part of
the indictment has been properly convicted on some other

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JilDlCATlJRE (APPELLATE JURlSDIcTiOiV)

count or part of the indictment, the Court may either
affirm 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 judgment
or verdict on the count or part of the indictment on which
the Court consider that the appellant has been properly
convicted.

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

(3) If on any appeal it appears to the Court that,
although the appellant was guilty of the act or omission
charged in the indictment against him, he was inscane at
the time the act was done or omission made so as not to be
responsible according to law for his actions, the Court
may quash the sentence passed at the trial and order the
appellant to be kept in custody as a criminal lunatic under
subsection (2) of section 25 of the Criminal Justice (Admin-
istration) Act, in the same manner as if a special verdict
had been found by a Resident Magistrate or jury under
that Act.

25. For the purpose of an appeal under Part N or Part ~ p p l l a
V, notwithstanding anything to the contrary, a special gzd
verdict found by a jury or Resident Magistrate under sub-
section (2) of section 25 of the Crinlinal Justice (Adminis- gy;%

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Jt]DlCATLJRE (APPELLATE JURISDICTION)

tration) Act shall be deemed to be a conviction of the
person in relation to whom such verdict is found, so, how-
ever, that in so far as such verdict relates to the insanity
of such person, no appeal shall lie from such verdict if
at the trial of such person evidence was given by him or on
his behalf that he was insane so as not to be responsible
according to law for his actions at the time of the act or
omission charged against him as an offence.

--tins 2 6 4 1 ) The operation of any order for the restitution
tionof of any property to any person made on a conviction, and
Mnvlcbon. p F ’ ! Y o n the operation in case of any such conviction, of the provi-

sions of subsection (1) of section 24 of the Sale of Goods
Act, as to the revesting of the property in stolen goods
on conviction, shall (unless the court before which the con-
viction takes place direct to the contrary in any case in
which, in its opinion, the title to the property is not in
dispute) be suspended-

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

(b) in cases where notice of appeal, or of application
for leave to appeal, is given within fourteen days
after the date of conviction, until the determina-
tion of the appeal, or where an application for
leave to appeal is finally refused, of the applica-
tion,

and in cases where the operation of any such order, or the
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.

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

and mtilu-

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JUDICATURE (APPELLATE JURISDICTiOiV)

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

17

27. In the case of a conviction involving sentence of suspsosion

(a) the sentence shall not in any case be executed until punisimeat.
after the expiration of the time within which
notice of appeal or of an application for leave to
appeal may be given under this Act; and

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

d3entmcc
of death
or cnrtmral

death or corporal punishment-

28. For the purposes of Part IV and Part V, the Court supple
may, if they think it necessary or expedient in the interest poDvsn 01 mental
of justice- CQWt

(4 order the production of any document, exhibit or
other thing connected with the proceedings, the
production of which appears to them necessary for
the determination of the case; and

(6) if they think fit, order any witnesses who would
have been cornpellable witnesses at the trial to
attend and be examined before the Court, whether
they were or were not called at the trial, or order
the examination of any such witnesses to be con-
ducted in manner provided by rules of court be-
fore any Judge of the Court or before any officer
of the Court or justice or other person appointed
by the Court for the purpose, and allow the ad-

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18 IUDICATllRE (APPELLATE JURISDICTION)

mission of any depositions so taken as evidence
before the Court; and

(c) if they think fit receive the evidence, if tendered,
of any witness (including the appellant) who is a
competent but not compellable witness, and, if the
appellant makes an application for the purpose,
of the husband or wife of the appellant, in cases
where the evidence of the husband or wife could
not have been given at the trial except on such
an application; and

(6) where any question arising on the appeal involves
prolonged examination of documents or accounts,
or any scientific or local investigation, which can-
not in the opinion of the Court conbeniently be
conducted before the Court, order the reference of
the question in manner provided by rules of court
for inquiry and report to a special commissioner
appointed by the Court, and act upon the report
of any such commissioner so far as they think fit
to adopt it; and

(e) appoint any person with special expert knowledge
to act as assessor to the Court in any case where
it appears to the Court that such special know-
ledge is required for the proper determination of
the case,

and exercise in relation to the proceedings of the Court
any other powers which may for the time being be exercised
by the Court on appeals in civil matters, and issue any
warrants necessary for enforcing the orders or sentence of
the Court :

Provided that in no case shall any sentence be increased
by reason of or in consideration of any evidence that was
not given at the trial.

ph0 indusion of this pdge is authorized lby LN. 90/1993]

JUDICATURE (APPELIA Ti? JURISDICTION) 19

2 9 . 4 1) The Governor-General on the consideration of any R2famC*
of case by

petition for the exercise of Her Majesty's mercy or of any Govzmor-
representation made by any other person having reference to P;ft$b
the conviction of a person on indictment or as otherwise s.6.
referred to in subsection (2) of section 13 or by a Resident
Magistrate in virtue of his special statutory summary
jurisdiction or to the sentence (other than sentence of death)
passed on a person so convicted, may, if he thinks fit at any
time, either-

(a) refer the whole case to the Court 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 he desires the assistance of the Court on any point
arising in the case 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 fbrnish the Privy Council with
their opinion thereon.

(2) In the exercise of the powers conferred on him by
this section the Governor-General shall act-

(a) on the recommendation of the Privy Council; or

(6) where in his judgment the matter is too urgent to
admit of such recommendation being obtained by the
time within which it may be necessary for him to act,
in his discretion.

3 0 . 4 1 ) On the hearing and determination of an appeal or
appeal.

any proceedings preliminary or incidental thereto under Part IV
or Part V no costs shall be allowed on either side.

[The inclusion of this page is authorized by L.N. 87120041

JUDICATURE (APPELLATE JURISDICTION)

(2) The fees under section 20 or under the Legal Aid
Act, of any solicitor or counsel assigned to an appellant, and the
expenses of any witness attending on the order of the Court 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 from the
Consolidated Fund, 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.

Y2003
S. 2.

(3) Subject to subsections (1) and (2), the provisions of
any other enactment and to rules of court, the costs of and
incidental to all civil proceedings in the Court shall be in the
discretion of the Court.

512003
S. 2.

(4) Without prejudice to any general power to make
rules of court, the Rules Committee of the Supreme Court may
make provision for regulating matters relating to the costs of
civil proceedings including, in particular prescribing-

(a) scales of costs to be paid as between party and party;

(b) the circumstances in which a person may be ordered
to pay the costs of any other person; and

(c) the manner in which the amount of any costs payable
to the person or to any attorney shall be determined.

[The inclusion of this page is authorized by L.N. 87/2004]

JUDICATURE (APPELLATE JURISDICTION) 20.01

(5) Subject to the rules made under subsection (4), the F2'
Court may determine by whom and to what extent the costs are
to be paid.

(6) In any proceedings mentioned in subsection (I), the i5?
Court may disallow, or (as the case may be) order the attorney-
at-law concerned to meet, the whole of any wasted costs or
such part of them as may be determined in accordance with
rules of court.

(7) In subsection (6) "wasted costs" means any costs
incurred by a party-

(a) as a result of any improper, unreasonable or negligent
act or omission on the part of any attorney-at-law or
any employee of the attofney-at-law; or

(b) which, in the light of any such act or omission
occurring after they were incurred, the Court
considers it is unreasonable to expect that party to
Pay.

[The inclusion of this page is authorized by L.N. 87/2004]

20.02 JUDICATURE (APPELLATE JURISDICTION)

Release of
appellant on
bail, and

31.--(I) An appellant who is not granted bail shall, pending
the determination of his appeal, be treated in such manner as

cwtOdy may be directed by rules under the Corrections Act.
when at-
tending
Court of
Appeal.
1912000
S. 23.

(2) The Court of Appeal may, if it seems fit, on the
application of an appellant, grant bail to the appellant in
accordance with the Bail Act pending the determination of his
appeal.

1 9120 W
S . 23.

(3) The time during which an appellant, pending the
determination of his appeal, is released on bail, and subject to
any directions which the Court of Appeal may give to the
contrary on any appeal, the time during which the appellant, if
in custody, is specially treated as an appellant under his section,
shall not count as part of any term of imprisonment under his

4211969 sentence, and, in the case of an appeal under this Act, any
3rd Sch. imprisonment under the sentence of the appellant, whether it is

the sentence passed by the court of trial or the sentence passed
by the Court of Appeal shall, subject to any directions which
may be given by the Court as aforesaid, be deemed to be
resumed or to begin to run, as the case requires, if the appellant

911985 is in custody, as from the day on which the appeal is
S . 85. determined, and, if he is not in custody, as from the day on

[The inclusion of this page is authorized by L.N. 8712004)

IC'DICATL~RE ('4 PPELLA TE JUNSDICTIOX) ? I

which he is receivcd into a correctional institution under the
sentence.

(3A) The Court of Appeal in considering whcthcr to
give directions as to the date on which sentcncc shall be dcerncd
to be resumed or to begin to run pursuant to subsection (3) shall
take into account any election made by the appcllant under wles
under the Corrections Act to forego any special treatment
accorded to the appellant pursuant to those rules.

/-
,'

(4) Where a case is stated under the Criminal Justice
(Administration) .4ct, this section shall apply to the person in
relation to whose conviction the case is stated as i t 'applies to an
appellant.

(5) Provision shall bc made by rules under the
Corrrctions Act for the manner in which an appcllant when in
custody. is to be brought to any place at which he is entitled to
be present for the purposes of this Act, or to any place to which
the Court or any Judge thereof may order him to be taken for the
purpose of any proccedings of that Court, and for the manner in
which he is to be kept in custody while absent from a
sorrcctional institution for the purpose: and an appellant whilst
in custody in accordance with those rules shall be deemed to be
in legal custody.

32.-+1) Subject to subsection (2) the powers of the Court
under this Act to give leave to appeal, to extend the time btelclciSc,i
within xvhich notice of appeal or of an application for
leave to appeal may be given, to assign lcgal aid to an cuul~.
appcllant, to allow the appellant to be present at any pro-
ceedings in cases where he is not entitled to be present
\I:ithout leave. and to grant bail to an appellant and to give :c:5
directions regarding computation of sentencc may be IY.ZUOO
cxercised by any Judge of the Court in the same manner
as they inay be cxercised by the Court, and subject to the
sanic provisions) but. if the Judge rcfuses an application

..
1,. Ib:(L,,>(i Oi rh.r ,%
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