Supreme Court Act

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Supreme Court Act
CHAPTER 2.01
SUPREME COURT ACT
ARRANGEMENT OF SECTIONS

Preliminary
SECTION
1. Short title
2. Interpretation
3. Reference to Supreme Court to be deemed a reference to the High Court
4. How Supreme Court Judges are to be addressed
5. Constitution of the Court
PART 1
THE HIGH COURT
6. Jurisdiction of former Supreme Court vested in the High Court
7. Jurisdiction of High Court
8. Jurisdiction of High Court in Admiralty
9. Practice in Bankruptcy
10. Practice in Criminal Proceedings
11. Practice in Civil Proceedings and in Probate, Divorce and Matrimonial Causes
12. Jurisdiction of single Judge
13. Law and equity to be concurrently administered
14. Equities of the plaintiff
15. Equitable defences
16. Counterclaim and third parties
17. Equities appealing incidentally
18. Defence or stay instead of injunction or prohibition
19. Common law and statutory rights and duties
20. Determination of matters completely and finally
21. Rules of equity to prevail
22. Declaratory order
23. Mode of trial
24. Granting of mandamus, etc.
25. Execution of instruments by order of Court
26. Restrictions on institution of vexatious actions


PART 2
COMMISSIONERS OF THE HIGH COURT
27. Appointment of Commissioners
PART 3
THE COURT OF APPEAL
Jurisdiction of Court of Appeal
28. Jurisdiction vested in Court of Appeal
29. Practice and procedure in the Court of Appeal
30. Appeals from Magistrate’s Courts
Civil Appeals from High Court
31. Appeals from High Court in Civil Matters
32. Jurisdiction in civil appeal
33. Powers of Court of Appeal on hearing an appeal
34. Supplementary powers of Court of Appeal
35. Power of Court of Appeal as to new trials
36. Wrong rulings as to sufficiency of stamps
Criminal Appeals from High Court
37. Criminal Appeals from High Court
38. Right of appeal in criminal cases
39. Determination of appeals in certain cases
40. Powers of Court in special cases
41. Supplementary provisions where appeal against special verdict allowed
42. Re-vesting and restitution of property on conviction
43. Supplementary powers of Court of Appeal
44. Duty to admit fresh evidence
45. Admission of appellant to bail and custody when attending Court
46. Computation of sentence
47. Time for appealing
48. Stay of execution
49. Judge’s notes and report to be furnished on appeal
50. Legal assistance to appellant
51. Right of appellant to be present
52. Costs of appeal
53. Duties of Registrar with respect to notices of appeal, etc.
54. Shorthand notes, etc.
55. Powers which may be exercised by a Judge of the Court
56. Case stated or questions of law reserved
57. Provisions of this Act applicable to proceedings for case stated
58. Prerogative of mercy
59. Appeals on information
Appeals in Contempt Proceedings

60. Appeals from orders in contempt proceedings
PART 4
OFFICERS OF THE COURT
61. Present officers of Court
62. Registrar
63. Taxation of costs
64. Acting Registrar
65. Hours of business
66. Bailiffs
67. Registrar, clerks and bailiffs not to advise litigants
68. Misconduct of officers of Court
PART 5
BARRISTERS AND SOLICITORS
69. Existing practitioners
70. Admission of Barrister and Solicitor
71. Enrolment of Barristers and Solicitors
72. Barristers practising as solicitors
73. Queen’s Counsel
74. Solicitors and Commissioners for Oaths are officers of the Court
75. Discipline for reasonable cause
76. Unauthorised persons drawing legal documents
77. Law relating to solicitors, taxation and recovery of costs

PART 6
WITNESSES
78. Disobedience of subpoena
79. Witness expenses in criminal proceedings
80. Persons present at proceedings in Court may be ordered to give evidence
PART 7
MISCELLANEOUS
81. Sittings of the Courts
82. Interlocutory applications
83. Expenses in criminal proceedings
84. Remission or reduction of fines
85. Rules of Court
86. Saving of procedure

CHAPTER 2.01
SUPREME COURT ACT
(Acts 1 of 1968, 21 of 1968, 2 of 1969, 23 of 1975, 15 of 1981, 21 of 1982,
S.I. 1983 No. 1112 (U.K.), Acts 8 of 1999, 14 of 2000 and 13 of 2010)
AN ACT TO REPEAL AND REPLACE THE SUPREME COURT ACT, AND TO
CONFER JURISDICTION UPON THE EASTERN CARIBBEAN SUPREME COURT
AND FOR OTHER MATTERS CONNECTED THEREWITH.
Commencement
[1 March 1968]
Preliminary
Short title
1. This Act may be cited as the Supreme Court Act. * (Amended by Act 8 of
1999)
Interpretation
2. In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of Court, but does not include a criminal proceeding; (Amended by Act 21 of 1982)
“cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding; (Amended by Act 21 of 1982)
“Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme Court;
“Chief Registrar” means the Chief Registrar of the Eastern Caribbean Supreme Court constituted under the Supreme Court Order;
“Code of Ethics” means the Code of Ethics set out in the Schedule; (Inserted by Act 13 of 2010)
“Court” or “Supreme Court” means the Eastern Caribbean Supreme Court established by the Supreme Court Order;
“Court of Appeal” means the Court of Appeal constituted under the Supreme Court Order;
“defendant” includes any person served with any writ of summons or process, or served with notice of, or entitled to attend any proceedings;
“disciplinary offence” has the meaning assigned in section 75; (Inserted by Act 13 of 2010)
* Originally entitled “West Indies Associated States Supreme Court (Montserrat) Act,
1968”.

“former British Caribbean Court of Appeal” means the British Caribbean Court of Appeal in existence immediately before the prescribed date;
“former Court of Appeal” means the Court of Appeal of the Windward Islands and Leeward Islands in existence immediately before the prescribed date;
“former Supreme Court” means the Supreme Court of the Windward Islands and Leeward Islands in existence immediately before the prescribed date;
“High Court” means the High Court of Justice established by the Supreme Court Order;
“judgment” includes decree;
“Justice of Appeal” means a Judge of the Court of Appeal other than the Chief Justice;
“Master” means a Master of the Supreme Court; (Inserted by Act 14 of 2000)
“matrimonial Cause” means any action for divorce, nullity of marriage, judicial separation, jactitation of marriage or restitution of conjugal rights;
“matter” includes every proceeding in court not in a cause;
“order” includes decision and rule;
“party” includes every person served with notice of or attending any proceeding, although not named on the record;
“petitioner” includes every person making an application to the court, either by petition, motion or summons, otherwise than as against any defendant;
“plaintiff” includes a claimant and every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise; (Amended by Act 14 of 2000)
“pleading” includes any petition or summons, and also includes the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant;
“prescribed date” means the date prescribed by the Chief Justice under section 1(2) of the Supreme Court Order, namely, 24 April, 1967;
“proceeding” includes action, cause or matter;
“Puisne Judge” means a Judge of the High Court, other than the Chief Justice;
“Registrar” means the Registrar of the High Court;
“rules of court” includes forms;
“solicitor” means solicitor of the Supreme Court;
“suit” includes action;
“Supreme Court Order” means the Supreme Court Order 1967 (S.I. 223/1967 U.K.); (Renamed - by S.I. 1983 No. 11.08)

“verdict” includes the findings of a jury and the decision of the Judge.
Reference to Supreme Court to be deemed a reference to the High
Court
3. (1) Where in any Act or Ordinance or other law in force prior to the prescribed date reference is made to the Supreme Court in the exercise of its jurisdiction and powers, or to a Judge of the Supreme Court, that reference shall be deemed to be a reference to the High Court or to a Judge of the High Court as the case may be.
(2) Where in any Act or Ordinance or other law in force prior to the prescribed date reference is made to the Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal constituted under the Supreme Court Order.
(3) Where in any Act or Ordinance or other law in force prior to the prescribed date reference is made to the British Caribbean Court of Appeal that reference shall, unless the context otherwise requires, be deemed to be a reference to the Court of Appeal.
(4) Any act done or proceedings taken in respect of any cause or matter whatsoever in the former Supreme Court or before a Judge thereof prior to the prescribed date shall have effect after the prescribed date as if it had been done or taken in the High Court or before a Judge thereof.
How Supreme Court Judges are to be addressed
4. All Judges of the Supreme Court shall be addressed in the manner customary in addressing the Judges of the former Supreme Court immediately before the prescribed date.
Constitution of the Court
5. Subject to the provisions of section 17(3) of the Supreme Court Order and of Rules of Court the Court of Appeal and the High Court for the exercise of the jurisdiction conferred upon them respectively shall be constituted in such manner as the Chief Justice may direct.
PART 1
THE HIGH COURT
Jurisdiction of former Supreme Court vested in High Court
6. (1) There shall be vested in the High Court all jurisdiction which was vested in the former Supreme Court by the Supreme Court Act or by any law of the Legislature of Montserrat or any other law for the time being in force in Montserrat and such jurisdiction shall include—
(i) the jurisdiction which was vested in or capable of being exercised by all or any one or more of the Judges of the former Supreme Court sitting in Court or Chambers or elsewhere when acting as Judges or a Judge pursuant to

any Order in Council, Act, Ordinance or any other law for the time being in force in Montserrat;
(ii) all the powers given to the former Supreme Court or to any Judge or Judges thereof by any Act, Ordinance or any other law for the time being in force in Montserrat;
(iii) all ministerial powers, duties and authorities incidental to any and every part of that jurisdiction.
Jurisdiction of High Court
7. (1) The High Court shall have and exercise within Montserrat all such jurisdiction (save and except the jurisdiction in Admiralty) and the same powers and authorities incidental to such jurisdiction as on the first day of January, 1940 were vested in the High Court of Justice in England. (Amended by Act 21 of 1982)
(2) There shall be vested in the High Court all such jurisdiction as is in England exercised by the Lord Chancellor or other officer or officers nominated by him and having judicial authority in the Court of Protection, all such functions as are expressed to be conferred and exercisable by the Lord Chancellor or any such nominated Judge or Judges, for the protection and management, of the property of persons under disability. (Substituted by Act 21 of 1968)
(3) Masters shall exercise the authority and jurisdiction of a Judge of the High Court sitting in Chambers and such other authority and jurisdiction as may from time to time be assigned by Rules of Court made under section 17 of the Courts Order. (Inserted by Act 14 of 2000)
(4) Where a Master has and exercises jurisdiction in relation to any matter, the Master shall have all the powers, rights, immunities and privileges of a Judge in relation to such matters. (Inserted by Act 14 of 2000)


Jurisdiction of High Court in Admiralty
8. The High Court is hereby declared, in pursuance of the Colonial Courts of Admiralty Act, 1890, (Imperial) to be a Colonial Court of Admiralty within the meaning of that Act. (Amended by Act 21 of 1968)
Practice in Bankruptcy
9. The jurisdiction of the High Court in Bankruptcy shall be exercised in accordance with the provisions of the Bankruptcy Act and any rules made thereunder.
Practice in criminal proceedings
10. The jurisdiction of the High Court in all criminal proceedings shall be exercised in accordance with the Criminal Procedure Code and any other law in force in Montserrat.

Practice in Civil Proceedings and in Probate, Divorce and Matrimonial
Causes
11. The jurisdiction vested in the High Court in civil proceedings, and in Probate, Divorce and Matrimonial causes, shall be exercised in accordance with the provisions of this Act and any other law in operation in Montserrat and rules of court, and where no special provision is therein contained such jurisdiction shall be exercised as nearly as may be in conformity with the law and practice administrated for the time being in the High Court of Justice in England.
Jurisdiction of single Judge
12. Any Judge of the High Court may in accordance with rules of court, or so far as such rules shall not provide, in accordance with the practice and procedure which shall for the time being be in force in the High Court of Justice in England, exercise, in Court or in Chambers, all or any of the jurisdiction vested in the High Court.
Law and equity to be concurrently administered
13. Subject to the express provisions of any other law, in every civil cause or matter commenced in the High Court, law and equity shall be administered by the High Court and the Court of Appeal, as the case may be, according to the provisions of the 7 sections next following.
Equities of the plaintiff
14. If a plaintiff or petitioner claims to be entitled to any equitable estate or rights or to relief on any equitable ground against any deed, instrument or contract or against any rights, title or claim whatsoever asserted by any defendant or respondent in the cause or matter, or to any relief founded upon a legal right which before 1 November, 1875 could in England only have been given by a court of equity, the court or Judge shall give to the plaintiff or petitioner the same relief as would be given by the High Court of Justice in England in a suit or proceeding for the same or a like purpose.
Equitable defences
15. If a defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract or against any right, title or claim asserted by any plaintiff or petitioner, in the cause or matter or alleges any ground of equitable defence to any such claim of the plaintiff or petitioner, the court or Judge shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence such and the same effect by way of defence against the claim of the plaintiff or petitioner as the High Court of Justice in England would give if the like matters had been relied on by way of defence in any suit or proceeding instituted in that court for the like purpose.
Counterclaim and third parties
16. (1) The court or Judge shall have power to grant to any defendant in respect of any equitable estate or right or other matter or equity and also in respect of any legal estate, right or title claimed or asserted by him—

(a) all such relief against any plaintiff or petitioner as the defendant has property claimed by his pleading, and as the court or Judge might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and
(b) all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to rules of court or any order of the court, as might properly have been granted against that person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose.
(2) Every person served with any such notice as aforesaid shall thenceforth be deemed a party to the cause or matter with the same rights in respect of his defence against the claim as if he had been duly sued in the ordinary way by the defendant.
Equities appearing incidentally
17. The court or Judge shall take notice of all equitable estates, titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter in the same manner in which the High Court of Justice in England would recognise and take notice of the same in any suit or proceeding duly instituted therein.
Defence or stay instead of injunction or prohibition
18. No cause or proceeding at any time pending in the High Court or in the Court of Appeal shall be restrained by prohibition or injunction but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might formerly have been obtained whether unconditionally or on any terms or conditions, may be relied on by way of defence thereto:
Provided that—
(a) nothing in this Act shall disable the High Court or the Court of Appeal, if it thinks fit so to do, from directing a stay of proceedings in any cause or matter pending before it; and
(b) any person, whether a party or not to any such cause or matter who would formerly have been entitled to apply to any Court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule or order, in contravention of which all or any part of the proceedings in the cause or matter have been taken, may apply to the High Court or to the Court of Appeal, as the case may be, by motion in a summary way, for a stay of proceedings in the cause or matter, either generally, or so far as may be necessary for the purposes of justice, and the court shall thereupon make such order as shall be just.

Common law and statutory rights and duties
19. Subject to the provisions of this Act for giving effect to equitable rights and other matters of equity, the High Court and the Court of Appeal and each Judge thereof shall recognise and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom, or created by any statute, in the same manner as these matters have hitherto been recognised and given effect to.
Determination of matters completely and finally
20. The High Court and the Court of Appeal respectively in the exercise of the jurisdiction vested in them by this Act shall in every cause or matter pending before the court grant either absolutely or on such terms and conditions as the court think just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any legal or equitable claim or matter so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of these matters avoided.
Rules of equity to prevail
21. In all matters in which there was formerly or is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter the rules of equity shall prevail.
Declaratory order
22. No action shall be open to objection on the ground that a merely declaratory decree or order is sought.
Mode of trial
23. (1) Subject as hereinafter provided, any action to be tried before the High Court, may in the discretion of the court or a Judge, be ordered to be tried with or without a jury:
Provided that the mode of trial shall be by a Judge without a jury unless upon the application of any party to the action, a trial with a jury is ordered.
(2) Any party to the action may within ten days after the action has been set down for trial apply to have the action tried with a jury, and if the court or a Judge is satisfied that—
(a) a charge of fraud against the party; or
(b) a claim in respect of libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage,
is in issue, the action shall be ordered to be tried with a jury unless the court or a Judge is of opinion that the trial thereof requires any prolonged examination of documents or accounts or any specific or local investigation which cannot conveniently be made with a jury; but, save as aforesaid the granting of a jury shall in every case be discretionary.

(3) The provisions of this section shall be without prejudice to the power of the High Court or a Judge to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial, and where any such order is made the provisions of this section requiring trial with a jury in certain cases shall have effect only as respects questions relating to any such charges or claim as aforesaid.
Granting of mandamus, etc.
24. (1) A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the High Court or of a Judge thereof in all cases in which it appears to the court or Judge to be just or convenient that the order should be made and any such order may be made either unconditionally or upon such terms and conditions as the court or Judge thinks just.
(2) If an injunction is prayed for, either before, at, or after the hearing of a cause or matter to prevent a threatened or apprehended waste or trespass, the injunction may be granted if the High Court or a Judge of the High Court thinks fit—
(a) whether the person against whom the injunction is sought—
(i) is or is not in possession under a claim or title or otherwise; or
(ii) if out of possession, does or does not claim under any colour of title a right to do the act sought to be restrained; and
(b) whether the estates claimed by both or by either of the parties are legal or equitable.
Execution of instruments by order of Court
25. Where any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, contract or other documents, or to endorse any negotiable instrument, the High Court may on such terms and conditions, if any, as may be just, order that the conveyance, contract or other documents shall be executed or that the negotiable instrument shall be endorsed by such person as the High Court may nominate for that purpose and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the persons originally directed to execute or endorse it. (Amended by Act 21 of 1968)
Restrictions on institution of vexatious actions
26. (1) If, on an application made by the Attorney General under this section to the High Court, the High Court is satisfied that any person has habitually and persistently and without reasonable ground instituted vexatious legal proceedings, whether in the Court of Appeal, the High Court or in the Magistrate’s Court, and whether against the same person or against different persons, the High Court may, after hearing the person or giving him an opportunity of being heard, order that no legal proceedings shall without leave of the High Court or a Judge thereof be instituted by him in any court and such leave shall not be given unless the High Court is satisfied

that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings. (Amended by Act 21 of 1982)
(2) If the person against whom an order is sought under this section is unable on account of poverty to retain counsel, the High Court shall assign counsel to him.
(3) A copy of any order under this section shall be published in the Gazette.
PART 2
COMMISSIONERS OF THE HIGH COURT
Appointment of Commissioners
27. (1) For the prevention of delay in the administration of justice, the Governor after consultation with the Chief Justice may, by a Commission under his hand and the Public Seal of Montserrat, appoint a fit and proper person to be a Commissioner of the High Court in Montserrat for the trial and determination, in the absence of a Judge from Montserrat, of such causes and matters mentioned in subsection (3) as may be specified in such Commission.
Cancellation of appointment
(2) Any appointment made under this section may at any time be cancelled by the Governor by notice published in the Gazette.
Powers of Commissioners
(3) Subject to any limitations contained in his Commission of Appointment, a Commissioner may, in the absence of a Judge from Montserrat—
(a) administer oaths and take affidavits, declarations and affirmations;
(b) admit to bail after committal in cases of felony and misdemeanour;
(c) take the examination of witnesses or the production of documents in any civil proceeding when authorised in that behalf by any special order of the Court or a Judge.
(Amended by Act 21 of 1968)
Incidental powers
(4) A Commissioner when and so far as necessary for performing any duty which he is authorised to perform shall be deemed to have and may exercise the incidental powers of a Judge.
Protection of Commissioner
(5) No action shall be brought against a Commissioner in respect of any act or order bona fide done or made by him in the execution or supposed execution of the jurisdiction and powers vested in him, but every such act or

order shall be liable to be altered, amended, reversed or set aside upon summary application to a Judge in accordance with rules of Court.
PART 3
THE COURT OF APPEAL
Jurisdiction of Court of Appeal
Jurisdiction vested in Court of Appeal
28. Subject to the provisions of this Act, there shall be vested in the Court of Appeal—
(a) the jurisdiction and powers which at the prescribed date were vested in the former Court of Appeal;
(b) the jurisdiction and powers which at the prescribed date were vested in the British Caribbean Court of Appeal;
(c) such other jurisdiction and powers as may be conferred upon it by this Act, or any other law.
Practice and procedure in the Court of Appeal
29. The jurisdiction of the Court of Appeal so far as it concerns practice and procedure in relation to appeals from the High Court shall be exercised in accordance with the provisions of this Act and rules of court and where no special provisions are contained in this Act or rules of court such jurisdiction so far as concerns practice and procedure in relation to appeals from the High Court shall be exercised as nearly as may be in conformity with the law and practice for the time being in force in England—
(a) in relation to criminal matters, in the Court of Appeal (Criminal Division);
(b) in relation to civil matters in the Court of Appeal (Civil Division).
Appeals from Magistrate’s Courts
30. (1) Subject to the provisions of the Magistrate’s Court Act, the Criminal Procedure Code and to rules of Court, an appeal shall lie to the Court of Appeal from any judgment, decree, sentence or order of a magistrate in all proceedings.
(2) The time within which notice of appeal may be given or any bond or security entered into or grounds of appeal filed in relation to appeals under this section may be extended at any time by the Court of Appeal. (Amended by Act 21 of 1968)
(3) On the hearing of an appeal under this section, the provisions of sections 33, 34, 35(1), 35(2), 36, 43 and 44 shall apply. (Inserted by Act 2 of 1969)


Civil Appeals of High Court
Appeals from High Court in Civil Matters
31. (1) Subject to the provisions of this Act or any other enactment—
(a) the Court of Appeal shall have jurisdiction to hear and determine any matter arising in any civil proceedings upon a case stated or upon a question of law reserved by the High Court or by a Judge thereof pursuant to any power conferred in that behalf by a law in operation in Montserrat;
(b) an appeal shall lie to the Court of Appeal, and the Court of Appeal shall have jurisdiction to hear and determine the appeal, from any judgment or order of the High Court and for the purposes of and incidental to the hearing and determination of any appeal and the amendment, execution and enforcement of any judgment or order made thereon, the Court of Appeal shall have all the powers, authority and jurisdiction of the High Court.
(2) No appeal shall lie under this section—
(a) from any order made in any criminal cause or matter;
(b) from an order allowing an extension of time for appealing from a judgment or order;
(c) from an order of a Judge giving unconditional leave to defend an action;
(d) from a decision of the High Court or of any Judge thereof where it is provided by any law that such decision is to be final;
(e) from an order absolute for the dissolution or nullity of a marriage in favour of any party who having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree, except upon some point which would not have been available to such party on such appeal;
(f) without the leave of the Judge making the order or of the Court of Appeal from an order made with the consent of the parties or as to costs where such costs by law are left to the discretion of the court;
(g) without the leave of the Judge or of the Court of Appeal from any interlocutory judgment or any interlocutory order given or made by a Judge except—
(i) where the liberty of the subject or the custody of infants is concerned;
(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 of order in an admiralty action determining liability;

(iv) in such other cases to be prescribed, as are in the opinion of the authority having power to make rules of court of the nature of final decisions.
(3) For the purposes of subsection (2) “Judge” means a Judge of the High Court and, where the context admits, includes a Master. (Amended by Act 14 of 2000)
Jurisdiction in civil appeal
32. Where an appeal has been brought under the provisions of the foregoing section and is pending in the Court of Appeal 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 discharged or varied by the Court of Appeal. (Inserted by Act 21 of 1968)
Powers of Court of Appeal on hearing an appeal
33. (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 such order as the High Court might have made, or to make any order which ought to have been made, and to make such further or other order as the nature of the case may require;
(b) draw inferences of fact;
(c) direct the High Court to enquire into and certify its findings on any questions which the Court of Appeal thinks fit to be determined before final judgment in the appeal.
(2) The powers of the Court of Appeal under this section may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the High Court by any particular party to the proceedings in court or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such notice; and the Court of Appeal may make any order in such terms as the Court of Appeal thinks just to ensure the determination on the merits of the real question in controversy between the parties.
(3) The powers of the Court of Appeal in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.
(4) The Court of Appeal may make such order as to the whole or any part of the costs of an appeal as may be just, and may in special circumstances, order that such security shall be given for the costs of an appeal as may be just.
Supplementary powers of Court of Appeal
34. For the purposes of an appeal in any civil cause or matter, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the case;
(b) order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court of Appeal, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules of court before any Judge of the Court of Appeal or before any officer of the Court of Appeal or other person appointed by the court for the purpose, and allow the admission of any deposition so taken as evidence before the court;
(c) receive the evidence, if tendered, of any witness including the appellant who is a competent but not a compellable witness and, if application is made for the purpose of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application:
(d) where any question arising in the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the court, conveniently be conducted before the Court of Appeal, order the reference of the question in manner provided by rules of court for inquiry and report to a special commissioner appointed by the court, and act upon the report of any such commission as far as it thinks fit to adopt it; and
(e) appoint any person with special expert knowledge to act as assessor in an advisory capacity to the court in any case where it appears to the court that such special knowledge is required for the proper determination of the case.
Power of Court of Appeal as to new trials
35. (1) Subject to the provisions of 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 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 misdirection, or of the improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned.
(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 subparagraph (a) of this paragraph affects part only of the matter in controversy or one or some only of the parties, the court may order a new trial as to that part only, or as to that party or

those parties only, and give final judgment as to the remainder.
(3) On the hearing of an appeal from an order made in any action tried with a jury the following provisions shall apply—
(a) The Court of Appeal may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.
(b) A new trial shall not be ordered because the verdict of the jury was not taken upon a question which the Judge at the trial was not asked to leave to them unless in the opinion of the Court of Appeal some substantial wrong or miscarriage has been thereby occasioned.
(c) In any case where the court has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the court may, in lieu of ordering a new trial—
(i) with the consent of all parties concerned, substitute for the sum awarded by the jury such sum as appears to the court to be proper;
(ii) with the consent of the party entitled to receive or liable to pay the damages, as the case may be, reduce or increase the sum awarded by the jury by such amount as appears to the court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded; but except as aforesaid the court of Appeal shall not have power to reduce or increase damages awarded by a jury.
Wrong rulings as to sufficiency of stamps
36. 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.
Criminal Appeals from High Court
Criminal Appeals from High Court
37. (1) In sections 37 to 59, unless the context otherwise requires—
“appeal” means an appeal by a person convicted upon indictment;
“appellant” includes a person who has been convicted and desires to appeal under this Part;
“sentence” includes any order of the court made on conviction or in relation to the person convicted or his wife or children and any recommendation of the convicting court as to the making of a deportation order in the case of a person convicted, and “the power of the Court of Appeal to pass a sentence” includes a power to make any such order or recommendation as the convicting court might have made and a recommendation so made by the Court of

Appeal shall have the same effect for the purposes of any law under which such recommendation is permitted to be made, as the certificate and recommendation of the convicting court.
(2) In this section and in sections 38, 39, 47, 49, 53(2), 54(1), 56(1), 58 and 59 references to a person being convicted shall include, references to his being the subject of a special verdict under section 156 of the Criminal Procedure Code.
Right of appeal in criminal cases
38. A person convicted on indictment may appeal under this Act to the Court of Appeal—
(a) against his conviction on any ground of appeal which involves a question of law alone; and
(b) 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 to be a sufficient ground of appeal; and
(c) with the leave of the Court of Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.
Determination of appeals in certain cases
39. (1) The Court of Appeal on any such appeal against conviction shall subject as hereinafter provided allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unsafe or unsatisfactory or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that there was a material irregularity in the course of the trial and in any other case shall dismiss the appeal:
Provided that the court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
(2) Subject to the provisions of this Act the Court of Appeal shall, if it allows an appeal against conviction, quash the conviction, and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial.
(3) On an appeal against sentence the Court of Appeal shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict whether more or less severe, in substitution therefor as it thinks ought to have been passed, and in any other case shall dismiss the appeal. (Inserted by Act 21 of 1968)
(4) Where apart from this subsection—
(a) an appeal against a special verdict under section 156 of the Criminal Procedure Code would fall to be allowed; and

(b) none of the grounds for allowing it relates to the question of the insanity of the accused,
the Court of Appeal may dismiss the appeal if of opinion that but for the insanity of the accused the proper verdict would have been that he was guilty of an offence other than the offence charged.
(5) (i) An appellant who is to be retried for an offence in pursuance of an order under this section shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal.
(ii) The Court of Appeal may, upon ordering a retrial, make such orders as appear to the court to be necessary or expedient for the custody or admission to bail of the appellant pending the retrial, or for the retention pending the retrial of any property, or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
(iii) On a retrial ordered under this section, section 134 of the Criminal Procedure Code (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial, but a transcript of the shorthand notes or where there are no shorthand notes, of the Judge’s notes, of the evidence given by any witness at the original trial may, with the leave of the Judge, be read as evidence—
(a) by agreement between the prosecution and the defence; or
(b) if the Judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or is absent from Montserrat, or that all reasonable efforts to find him or to secure his attendance have been made without success;
and in either case may be so read without further proof if verified in accordance with rules of Court.
Powers of Court in special cases
40. (1) If it appears to the Court of Appeal that an appellant though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Court of Appeal may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper as may be warranted in law by the verdict on the count or part of the indictment on which the Court of Appeal considers that the appellant has been properly convicted.
(2) Where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence, the Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other

offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.
(3) Where on the conviction of the appellant the jury have found a special verdict, and the Court of Appeal considers that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Court of Appeal may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court of Appeal to be in law required by the verdict and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.
(4) Where on any appeal it appears to the Court of Appeal that the proper verdict would have been a special verdict under section 156 of the Criminal Procedure Code the Court may quash the sentence passed at the trial and order the appellant to be kept in custody as a prisoner of unsound mind under the provisions of the said Act in the same manner as if a special verdict had been found by the jury under that Act.
Supplementary provisions where appeal against special verdict allowed
41. (1) Where in accordance with section 39(1) an appeal against a special verdict under section 156 of the Criminal Procedure Code is allowed—
(a) if the ground, or one of the grounds for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the court shall substitute for the special verdict a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dealing with the accused and other powers as the court before which he was tried would have had if the jury had come to the substituted verdict;
(b) in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal:
Provided that where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
(2) The term of any sentence passed by the Court of Appeal in the exercise of the powers conferred by subsection (1)(a) shall, unless the Court otherwise directs, begin to run from the time it would have begun to run if passed in the proceedings in the Court before which the accused was tried.
Re-vesting and restitution of property on conviction
42. (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 the provisions of section 246 of the Penal Code as to the restitution of the property in goods to the owner thereof, shall, unless the court before whom the conviction takes place, directs to the contrary in any

case in which in its opinion, the title to the property is not in dispute, be suspended—
(a) in any case until the expiration of fourteen days after the date of conviction; and
(b) in cases where notice of appeal of leave to appeal is given within fourteen days after the date of conviction, until the determination of the appeal;
and in cases where the operation of any such order, or the operation of the said provisions, is suspended until the 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.
(3) The Court of Appeal may by order annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order if annulled shall not take effect, and, if varied, shall take effect as so varied.
Supplementary powers of Court of Appeal
43. For the purposes of an appeal in any criminal cause or matter the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—
(a) exercise any or all the powers conferred by section 34 on the Court of Appeal;
(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 consideration of any evidence that was not given at the trial; and
(ii) whenever the Court of Appeal receives further evidence it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is taken.
Duty to admit fresh evidence
44. Without prejudice to the generality of section 43 (supplementary powers), where evidence is tendered to the Court of Appeal under that section, the court shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that section of receiving it if—
(a) it appears to it that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and

(b) it is satisfied that it was not adduced at the trial, but that there is a reasonable explanation for the failure so to adduce it.
Admission of appellant to bail and custody when attending Court
45. (1) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated in like manner as prisoners 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.
Computation of sentence
46. (1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject, but the court shall not give any such direction where leave to appeal has been granted or a certificate has been given under section 38 or where the case has been referred to it under section 58.
(2) Where the Court of Appeal gives a direction under this section, it shall state its reasons for giving the direction.
(3) Provision shall be made by prison rules for the manner in which an appellant, when in custody, is to be brought to any place at which he is entitled to be present for the purposes of this Act, or to any place to which the Court of Appeal or any Judge thereof may order him to be taken for the purposes of any proceedings of that court, and for the manner in which he is to be kept in custody while absent from prison for such purpose; and an appellant whilst in custody in accordance with those rules shall be deemed to be in legal custody.
Time for appealing
47. (1) Where a person convicted desires to appeal under this Act to the Court of Appeal or to obtain the leave of the Court of Appeal, he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by rules of court within fourteen days of the date of conviction.
(2) Except in the case of a conviction involving sentence of death, the time within which notice of an application for leave to appeal may be given, may be extended at any time by the Court of Appeal.
(3) For the purposes of this section the date of conviction 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.
Stay of execution
48. In the case of a conviction involving sentence of death or corporal punishment—
(a) the sentence shall not in any case be executed until the expiration of the time within which notice of appeal or of an

application for leave may be given under the preceding section; and
(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application.
Judge’s notes and report to be furnished on appeal
49. The Judge before whom a person is convicted shall, in the case of an appeal under this Act against the conviction or against the sentence or in the case of an application for leave to appeal under this Act furnish to the Registrar in accordance with rules of court, his notes of the trial; and shall also furnish to the Registrar in accordance with rules of court a report giving his opinion upon the case or upon any point arising in the case.
Legal assistance to appellant
50. The Court of Appeal may at any time assign to an appellant a solicitor and counsel, or counsel only, in any appeal or proceedings preliminary or incidental to an appeal in which, in the opinion of the court, it appears desirable 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.
Right of appellant to be present
51. (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 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 to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present.
(4) The reference in subsection (1) to an appellant being in custody shall not include a reference to his being in custody in consequence of a special verdict under section 156 of the Criminal Procedure Code.
Costs of appeal
52. (1) On the hearing and determination of a criminal appeal from the High Court or any proceedings preliminary or incidental thereto under this Act no costs shall be allowed on either side.
(2) The expenses of a solicitor or counsel assigned to an appellant under this Act, and the expenses of any witnesses attending on the order of the Court of Appeal or examined in any proceedings incidental to the appeal, and of the appearance of an appellant on the hearing of his appeal or

on any proceedings preliminary or incidental to the appeal, and all expenses of an 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 monies up to an amount allowed by the court, but subject to any rules of court as to rates and scales of payment.
Duties of Registrar with respect to notices of appeal, etc.
53. (1) The Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications, notice of which is given to him 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 appellant or applicant was tried, which appear necessary for the proper determination of the appeal or application.
(2) If it appears to the Registrar that any notice of an appeal against a conviction, purporting to be on a ground of appeal which involves a question of law alone, does not show any substantial ground of appeal, the Registrar may refer the appeal to the Court of Appeal for summary 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 persons to attend the hearing or to appear for the Crown thereon.
(3) Any documents, exhibits, or other things connected with the proceedings on the trial of any person on indictment, who, if convicted, is entitled or may be authorised to appeal under this Act shall be kept in the custody of the court of trial in accordance with rules of court made for the purpose, for such time as may be provided by the rules, and subject to such powers as may be given by the rules for the conditional re-release of any such documents, exhibits, or things from that custody.
(4) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application under this Act to any person who demands the same, and to such officers or persons as he thinks fit, and the Superintendent of Prisons shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.
(5) The Registrar shall report to the Court of Appeal or some Judge thereof any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to an appellant under the powers given to that court by this Act.
(6) In this section and in the next following section the expression “Registrar” includes the Chief Registrar and Deputy Registrar of the Court of Appeal.

Shorthand notes, etc.
54. (1) Such records in such manner, whether in writing by shorthand notes or otherwise, or by recordings in electromagnetic tape or by other means as may be prescribed by rules of Court shall be taken of the proceedings at the trial of any person on indictment who, if convicted, is entitled or may be authorised to appeal under this Act, and on any appeal or application for leave to appeal a transcript of the records or any part thereof shall be made if the Registrar so directs, and furnished to the Chief Registrar for the use of the Court of Appeal or any Judge thereof.
(2) A transcript of the records taken under subsection (1) shall be furnished to any party interested upon payment of such charges as may be fixed by rules of court.
(3) Rules of court may also make such provision as is necessary for securing the accuracy of the records to be taken and for the verification of the transcript.
Powers which may be exercised by a Judge of the Court
55. The powers of the Court of Appeal under this Act—
(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 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 on the part of the appellant to exercise any such powers in his favour, the appellant shall be entitled to have the application determined by the court as duly constituted for the hearing and determination of appeals under this Act.
Case stated or questions of law reserved
56. (1) Where any person is convicted on indictment the trial 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;
(b) order that such judgment be set aside and quash the conviction and direct a judgment and verdict of acquittal to be entered;
(c) order that such judgment be set aside, and give instead thereof the judgment which ought to have been given at the trial;
(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 its opinion, shall have power, if it thinks fit, to cause the case or certificate to be sent back for amendment and thereupon the same shall be amended accordingly.
Provisions of this Act applicable to proceedings for case stated
57. Where a case is stated or question of law reserved for the consideration of the Court of Appeal the provisions of sections 45, 46, 48, 50, 51, 53(1), (3), (5), 54 and 55 shall apply to such proceedings in like manner as to an appeal.
Prerogative of mercy
58. (1) Nothing in this Act shall affect the prerogative of mercy.
(2) The Governor on the consideration of any petition for the exercise of Her Majesty’s mercy having reference to the conviction of a person on indictment or to the sentence, other than sentence of death, passed on a person so convicted, may at any time—
(a) refer the whole case to the Court of Appeal, and the case shall then be heard and determined by the court as in the case of an appeal by a person convicted; or
(b) if he desires the assistance of the Court of Appeal on any point arising in the case with a view to the determination of the petition, refer that point to the court for its opinion thereon, and the court shall consider the point so referred and furnish the Governor with its opinion thereon accordingly.
Appeals on information
59. This Act shall apply in the case of convictions on criminal information as it applies in the case of conviction on indictment.
Appeals in Contempt Proceedings
Appeals from orders in contempt proceedings
60. (1) An appeal shall lie to the Court of Appeal from any order made by the High Court or by a Judge of the High Court or of the Court of Appeal or by a Magistrate imposing imprisonment or a fine for contempt of court.
(2) Any person ordered by any such Court, Judge or Magistrate to be imprisoned or to pay a fine for contempt of Court, may at the time of such order or within two days thereafter give notice to the Court, Judge or Magistrate making the order of his intention to appeal to the Court of Appeal and may within two days after giving such notice enter into a recognizance with a surety to the satisfaction of the Registrar of the High Court or of the Court of Appeal or clerk of the Court, as the case may be, in a sum of $100 to prosecute such appeal, and the giving of such notice and entering into such recognizance shall operate as a stay of such order.

(3) On such person entering into recognizance the Judge or Magistrate making the order shall within twenty one days thereafter transmit to the Registrar a statement of the cause of such committal or fine and upon such statement being received the Registrar shall within four days thereafter issue a summons, free of cost, calling on the appellant to appear before the Court of Appeal within a reasonable time thereafter and on a day to be named therein and the Court of Appeal shall hear and determine such appeal and either confirm the order or vary or quash such order and the Court of Appeal may from time to time return the proceedings to the Judge or Magistrate who made the order for further information.
(4) When the Court of Appeal confirms or varies the order the Judge or Magistrate who made the order shall proceed to carry out and enforce his order as confirmed or varied in the same manner as if there had been no appeal against the same.
PART 4
OFFICERS OF THE COURT
Present officers of Court
61. Except as in this Act otherwise expressly provided, every person who at the date of commencement of this Act holds the office of Registrar or Bailiff, shall continue to hold his office on the terms on which he now holds it, and nothing in this Act contained shall affect the validity and effect of any bond heretofore given by any of the said officers.
Registrar
62. (1) The Chief Registrar shall have and exercise in relation to Montserrat such functions as may be conferred upon her or him by this Act or any other law or by rules of court.
(2) Without prejudice to the generality of the provisions of this section, the Chief Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications, and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceedings in the court before which the case, or the appellant or applicant, was tried which appear necessary for the proper determination of the appeal or application.
(3) The Registrar shall have such power and authority and perform such duties as shall be necessary for the due conduct and discharge of the business of the High Court and the Court of Appeal as the Chief Justice or other Judge authorised by him in that behalf shall direct. He shall be subject to the general or special directions of the Chief Registrar and shall assist him in the performance of his duties.
(4) The Registrar shall be ex officio a Deputy Registrar of the Court of Appeal.
(5) The Registrar shall be ex officio Admiralty Marshal.
(6) The Registrar shall be ex officio Provost Marshal.

(7) The Registrar shall have custody of the seals of the High Court and of the Court of Appeal (Montserrat sub-Registry) and of all records, documents and papers thereof.
Taxation of costs
63. (1) The Chief Registrar, and in her or his absence the Registrar, shall be the Taxing Master for the court; and shall tax all bills of costs in accordance with the scales for the time being in force.
(2) Every taxation of costs shall be subject to rules of Court and be subject to review by a Judge in Chambers.
Acting Registrar
64. Whenever the Registrar is on leave, or ill or otherwise unable to perform the duties of his office, the Governor, acting after consultation with the Chief Justice, may appoint a fit and proper person to act, during pleasure, for such Registrar, and such person whilst so acting, shall have all the powers, and be charged with all the duties of the Registrar:
Provided that until any appointment is so made, and also on every occasion when the Registrar is from any cause absent from his office, the duties of the Registrar shall devolve upon and be performed by the Clerk next in seniority to the Registrar and officiating in the Registry who shall while so acting have all the powers of the Registrar.
Hours of business
65. (1) The office of the Registrar and Provost Marshall shall be kept open for the transaction of business on every day of the year except Sundays, Christmas Day, Good Friday and Public Holidays, during such hours of the said days as may be appointed by the Governor by order under his hand.
(2) Notwithstanding the provisions of any order made under subsection (1) the Judge, by whom any matter is being heard, may direct any paid officer of the Court to transact at any time any business which, in the opinion of the Judge is necessary or convenient, to facilitate the hearing and determination of the matter in question, or to carry into effect any order made in connection therewith.
Bailiffs
66. (1) There shall be at least one bailiff for the High Court:
Provided that, the Governor may sanction the appointment of an additional bailiff, or of additional bailiffs.
(2) Every bailiff shall be appointed by a Judge by a commission under his hand and the seal of the High Court, and shall receive such salary as may be provided by the Legislature.
(3) Every bailiff shall be under the control of the Registrar and may, on cause shown, be dismissed from his office by a Judge.

(4) Every bailiff shall, in addition to his duties as bailiff, also perform, if required, the duties of Crier of the High Court and of the Court of Appeal.
(5) Notwithstanding anything hereinbefore contained a Judge of the High Court, may by writing under his hand and the seal of the High Court, appoint a temporary bailiff to serve, or execute such process or processes, of the High Court as may be specified in the appointment.
Registrar, clerks, and bailiffs not to advise litigants
67. No Registrar, clerk to a Registrar, or bailiff shall act as attorney, agent or adviser of any plaintiff, defendant or other suitor, or party in or to any proceeding in any Court in the territory, or give advice in any law matter, or act as conveyancer, or notary public, or accept any gratuity for the performance of any duty in connection with his office.
Misconduct of officers of Court
68. (1) If any officer of the Court shall be charged with extortion, or with not duly paying any money received by him in the execution of his duty, or with any fraud, wrongful act, or neglect in the discharge of duties of his office, any Judge of the High Court may—
(a) inquire into the matter in a summary way, on affidavit, or such other evidence as shall appear reasonable to him, and for that purpose, summon and enforce the attendance of all necessary parties and witnesses in like manner as the attendance of witnesses may be enforced in any other proceedings; and
(b) thereupon dismiss the charge, or order the officer to pay any monies or damages which in the opinion of the Judge, the officer ought under the circumstances to pay; and also impose such fine, if any, as he may think fit, on the officer.
(2) The costs of every such inquiry shall be in the discretion of the Judge, and may be ordered to be paid by the officer or by the person laying the charge.
(3) Every order made under this section may be enforced as an order of the High Court.
(4) No proceeding taken, or order made, under this section, shall prevent the officer from being prosecuted criminally for any offence committed by him, or affect any right of action which any person shall have against him, or the power of the Governor to suspend or dismiss the officer.
PART 5
BARRISTERS AND SOLICITORS
Existing practitioners
69. (1) Every person entitled, at the commencement of this Act, to practise in Montserrat as a barrister or as a solicitor, may continue to

practise as heretofore, and shall be a barrister or solicitor, as the case may be, of the Supreme Court.
(2) Every person holding the office of Attorney General, and any person qualified to practise as a barrister and appointed in the public service as an assistant to the Attorney General, shall, so long as he continues to hold such office, be ex officio a barrister of the court, and shall be deemed to be enrolled as a barrister in accordance with the provisions of this Act. (Amended by Act 15 of 1981)
Admission of Barrister and Solicitor
70. (1) A Judge of the High Court may subject to the provisions of subsections (2) and (3), admit to practise as a Barrister of the court—
(i) any member of the English Bar;
(ii) any member of the Scottish Bar;
(iii) any member of the Northern Irish Bar; and
(iv) any person who has obtained a degree from a recognised University and has also obtained a certificate of competence from the Council of Legal Education of the West Indies,
and as a Solicitor of the court, any person who shall have been admitted to practise as a Solicitor by a Superior Court in England, Scotland or Northern Ireland:
Provided that, upon cause being shown, an application to be so admitted may be refused notwithstanding that the applicant has complied with the provisions of the said subsections:
And further Provided that, no refusal by a Judge of any such application shall be final but any application so refused by such Judge shall, if the applicant so requires by notice in writing to the Registrar, be laid before and dealt with by the Court of Appeal.
(2) Every person applying to be admitted to practise as a solicitor or barrister under the provisions of this Act shall—
(a) pay into the Treasury the sum of $100 as an enrolment fee;
(b) file in the office of the Registrar an affidavit of his identity and that he has paid the fee aforesaid; and
(c) deposit with the Registrar for inspection by the court—
(i) the receipt for the fee aforesaid; and
(ii) in relation to any person being admitted as a barrister of the court, his certificate of Call to the English, Scottish or Northern Irish Bar or his degree certificate from a recognised University and his certificate of Competence from the Council of Legal Education of the West Indies and, in relation to any person being admitted to practise as a Solicitor of the court, his certificate of admission as a solicitor in England or in Northern Ireland or as Solicitor or Law Agent admitted to practise in Scotland.

(3) Every person applying to be admitted to practise as a barrister by virtue of English, Scottish or Northern Irish qualification shall deposit with the Registrar for inspection by the court, in addition to the documents required to be deposited for inspection under subsection (2)(c) either one of the following documents—
(i) a certificate issued by the Council of Legal Education of London that he has satisfactorily completed a practical training course provided by the said Council and approved by the Chief Justice for the purposes of this section; and
(ii) a certificate signed by his pupil master and countersigned on behalf of his Inn of Court that he has either before or after Call, or partly before and partly after Call read as a pupil for an aggregate period of not less than six months in the Chambers of one or more barristers of not less than five years standing practising in England, or Northern Ireland or Advocate of not less than five years standing practising in Scotland or in the chambers of one or more barristers of not less than ten years standing practising in Montserrat.
(4) In a special case the Judge may exempt any such person from depositing or producing any of the certificates referred to in subsection (2)(c)(ii) and in subsection (3) if otherwise satisfied that he has the qualifications required.
(Substituted by Act 23 of 1975)
Enrolment of Barristers and Solicitors
71. (1) Every person admitted as a barrister or solicitor of the court shall cause his name to be enrolled in a book to be kept for the purpose by the Registrar and to be called the Court Roll, and, upon his name being so enrolled, shall be entitled to a certificate of enrolment under the seal of the High Court.
(2) Every person, whose name is so enrolled, shall if enrolled as a barrister, be entitled to practise as a barrister, and, if enrolled as a solicitor, be entitled to practise as a solicitor in every court in the Montserrat.
Barristers practising as solicitors
72. Subject to the provisions of section 73, every person enrolled as a barrister shall be entitled to practise also as a solicitor, and to sue for and recover his taxed costs as such, but if he practises as a solicitor, he shall be subject to all the liabilities which attach by law to a solicitor.
Queen’s Counsel
73. (1) Except as otherwise provided in subsection (2), no barrister who has the rank of Queen’s Counsel shall perform any of the functions which in England are performed by a solicitor and are not performed by a barrister; but a barrister who has the rank of Queen’s Counsel shall not be precluded from continuing or engaging in partnership with another barrister by reason only that such last mentioned barrister performs any functions as aforesaid.

(2) Every person holding the office of Attorney General, may notwithstanding that he has the rank of Queen’s Counsel, perform the functions mentioned in section 72 in relation to the duties of his office as Attorney General.
Solicitors and Commissioners for Oaths are officers of the Court
74. (1) Every person practising as a solicitor and whose name shall be enrolled as aforesaid either as a barrister or solicitor, shall be deemed to be an officer of the court.
(2) Every person who, under the provisions of any Act or Ordinance for the time being in force is, or shall be appointed a Commissioner to administer oaths in the court, shall be deemed to be an officer of the court.
Discipline for reasonable cause
75. (1) Any two Judges of the High Court may, for reasonable cause, discipline a barrister or solicitor in any one or more of the following ways—
(a) suspend him from practising in Montserrat during any specified period;
(b) order his name to be struck off the Court Roll;
(c) order him to pay a fine not exceeding $100,000; or
(d) order him to compensate or reimburse a person who incurred an expense or loss as a result of the behaviour which constitutes the reasonable cause.
(2) Subject to subsection (3), reasonable cause includes, but is not limited to, the commission by the barrister or solicitor of a disciplinary offence.
(3) A disciplinary offence is—
(a) breach of the rules in Part B of the Code of Ethics; or
(b) behaviour that is in breach of the rules in Part A of the Code of Ethics that the High Court considers a derogation from the standard of conduct expected of a barrister or solicitor to an extent that, or in circumstances that, amount to professional misconduct.
(4) The Chief Justice and any other two Judges of the Supreme Court shall determine the procedure for applications for the discipline of a barrister or solicitor under this section, and may, for this purpose, make an order under section 85 or make rules of court.
(Repealed and replaced by Act 13 of 2010)
Unauthorised persons drawing legal documents
76. Every person who, not being enrolled as a barrister or solicitor, or otherwise lawfully authorised shall, either directly or indirectly for, or in expectation of any fee, gain or reward, draw or prepare any legal document or shall receive any fee, gain or reward for drawing or preparing any such document, shall be liable on summary conviction to a fine not exceeding $100.

Law relating to solicitors, taxation and recovery of costs
77. Subject to the rules of court, the law and practice relating to solicitors, and the taxation and recovery of costs in force in England shall extend to and be in force in Montserrat and apply to all persons lawfully practising therein as solicitors of the court.
(Inserted by Act 13 of 2010)
PART 6
WITNESSES
Disobedience of subpoena
78. If any person served with a subpoena to attend as a witness in any proceeding before a Judge of the High Court sitting in court or in Chambers or before the Court of Appeal shall refuse or neglect to attend pursuant to such subpoena, such Judge or court may punish such person in a summary way by fine of $1,000 or by commitment to prison for any term of six months:
Provided that nothing contained in this section shall affect or abridge any right of any party to the proceeding or proceed against such person for the recovery of any special damage such party may have sustained by reason of the disobedience of such person. (Amended by Act 8 of 1999)
Witness expenses in criminal proceedings
79. (1) Any Judge of the High Court may, in or in respect of any criminal proceeding before him, order allowances not exceeding those prescribed by rules of court, to be paid to all persons examined or detained as witnesses for the Crown, whether examined before the Magistrate or not, and also to all persons examined or detained as witnesses for the defence who shall have been examined before the Magistrate, and who shall have been bound over to appear before the court at the trial:
Provided that the Judge may, if he shall think fit, order a similar allowance to be paid to any person examined at the trial as a witness for the defence notwithstanding that such person was not examined before the Magistrate.
(2) If any person except a duly qualified medical practitioner giving professional evidence, whose allowance shall, under this section, be ordered to be paid, shall reside at a greater distance than one mile from the Court House at which such trial takes place, the Judge may order to be paid to such person for and in respect of his travelling expenses, such further allowance as may be prescribed by rules of court:
Provided that in the case of a duly qualified medical practitioner, whose whole time is given to the public service, and who is therefore under the provisions of subsection (3) disqualified from receiving an allowance for attendance, the Judge may notwithstanding, order the payment of an allowance for travelling expenses in accordance with this subsection.
(3) When any person called or detained as aforesaid as a witness either for the Crown or the defence is in receipt of a salary as a public officer, such person shall not, unless his whole time is not at the disposal of

the Government, by reason of his enjoying private practice or otherwise, be entitled to be paid any allowance under this Act, for attendance as a witness, beyond the travelling expenses provided for by subsection (2).
Persons present at proceedings in Court may be ordered to give
evidence
80. Any Judge may, in any proceeding pending before him, order any person present to give evidence therein, notwithstanding that no payment to which he was entitled, shall have been paid or tendered to him.
PART 7
MISCELLANEOUS
Sittings of the Courts
81. (1) Subject to the provisions of this and the next following section, the High Court and the Court of Appeal for the purpose of exercising the jurisdiction and powers conferred on them respectively by this Act and any other law in force in Montserrat may sit either in Montserrat or in any of the States to which the Supreme Court Order applies.
(2) Sittings of the High Court for the trial of civil and criminal causes originating in Montserrat shall be held at such times as may be prescribed by rules of court and shall be held at Plymouth
* except in cases where the Chief
Justice gives special directions that the court shall sit at some other place.
(3) Sittings of the Court of Appeal shall be held at such times and at such place as the Chief Justice may by general or special directions appoint.
(4) Notice of the times appointed for the sittings of the High Court and of the Court of Appeal shall be published in the Gazette.
Interlocutory applications
82. (1) In the absence of a Judge or Master, any interlocutory or other application, which may be made to a Judge in Chambers or a Master, may be reduced to writing and delivered, posted or sent by facsimilie or other electronic means by the Registrar, to the Judge or the Master, together with such affidavits and other documents as are required by the Rules of Court. (Substituted by Act 14 of 2000)
(2) The written order of the Judge or Master shall be transmitted to the Registrar and shall be deemed to be the Order of the Court. (Substituted by Act 14 of 2000)
(3) No such application shall be made unless the Registrar shall certify that, to the best of his belief all parties, liable to be affected by the order sought, and entitled to be heard against the same have had due notice thereof, and an opportunity of transmitting any counter affidavits or other documents, in opposition thereto.
* By Orders made under the Emergency Powers Regulations, the Court House and
Registrar’s Office at Brades, in the temporary Government Headquarters, are respectively
designated as places for the sitting of the Supreme Court (S.R.O. 8/1999) and for the
storage of records and conduct of the registry (S.R.O. 4/1999).

Expenses in criminal proceedings
83. In every criminal proceeding, all expenses consequent on, or incidental to the transmission of process, the conveyance of prisoners and the trial, determination of or dealing with such proceedings, including all allowances ordered to be paid to witnesses under section 79, shall be paid out of monies provided by the Legislature.
Remission or reduction of fines
84. Any fine or penalty imposed by a Judge may, at any time before it has been paid or satisfied, be reduced or remitted by him.
Rules of Court
85. (1) The Chief Justice and any other two Judges of the Supreme Court may by order provide that any rules of court made under section 17 of the Supreme Court Order shall have effect as part of the law of Montserrat subject to such exceptions, adaptations or modifications as may be specified in the order and any such order may include provision for the amendment or revocation of any rule of court so having effect immediately before the prescribed date.
(2) All rules of court in force immediately before the commencement of this Act shall continue in force until revoked.
Saving of procedure
86. Save as is otherwise provided by this Act or by rules of court, all forms and method of procedure which under and by virtue of any law, custom or rule whatsoever, were formerly in force in any of the Courts the jurisdiction of which is vested in the High Court or the Court of Appeal respectively, and which are not inconsistent with this Act, or with rules of court may continue to be used in the High Court and the Court of Appeal respectively in the like cases and for the like purposes as those in and for which they have been applicable in the former respective courts.
___________

SCHEDULE
(Inserted by Act 13 of 2010)
CODE OF ETHICS
PART A
General Guidelines
I In relation to the profession and himself
1. A barrister or solicitor shall observe the rules of this Code, maintain his
integrity and the honour and dignity of the legal profession and encourage other
barristers or solicitors to act similarly and shall refrain from conduct which is
detrimental to the profession or which may tend to discredit it both in the practice of
his profession and in his private life.
2. A barrister or solicitor shall in the discharge of his professional duties expose
without fear or favour before the proper tribunals unprofessional or dishonest conduct
by any other barrister or solicitor and shall not lightly refuse a retainer against another
barrister or solicitor who is alleged to have wronged his client or committed any other
act of professional misconduct.
3. (1) A barrister or solicitor shall scrupulously preserve his independence in the
discharge of his professional duties.
(2) A barrister or solicitor practising on his own account or in partnership shall
not engage in any other business or occupation which may cause him to cease to be
independent.
4. A barrister or solicitor shall protect the profession against the admission of any
person whose moral character or education renders him unfit for admission.
5. A barrister or solicitor shall not endeavour by direct or indirect means to attract
the client of another barrister or solicitor and where a client is referred to him by
another barrister or solicitor, the client remains for all other purposes the client of the
referring barrister or solicitor and the barrister or solicitor to whom the client is referred
shall act with due deference to the relationship between the client and the referring
barrister or solicitor.
6. A barrister or solicitor may speak in public or write for publication on legal
topics so long as it is not likely to be regarded as being concerned with the giving of
individual advice.
7. (1) A barrister or solicitor shall endeavour to uphold standards of integrity,
capability, dedication to work, fidelity, and trust.
(2) A barrister or solicitor shall not seek retainers through agents of any kind.
8. A barrister or solicitor shall defend the interest of his client without fear of
judicial disfavour or public unpopularity and without regard to any unpleasant
consequences to himself or to any other person.
9. A barrister or solicitor has a right to decline employment and is not obliged to
act either as adviser or advocate for every person who may wish to become his client.
10. A client is not entitled to receive nor is a barrister or solicitor entitled to render
any service or advice facilitating—
(a) disrespect for a judicial office;

(b) the corruption of any person exercising a public or private trust; or
(c) the deception or betrayal of the public.
11. Every barrister or solicitor shall bear in mind that the oath of office taken on his
admission to practise is not a mere formality but is a solemn undertaking to be strictly
observed on his part.

II In Relation to the territory and the public
12. A barrister or solicitor owes a duty to Montserrat to maintain its integrity,
constitution and laws and not to aid, abet, counsel or assist anyone to act in a manner
contrary to this duty.
13. The primary duty of a barrister or solicitor when engaged as a public prosecutor
is not to secure a conviction but to see that justice is done and to that end he shall not
withhold facts tending to prove either guilt or innocence of the accused.
14. A barrister or solicitor shall endeavour by lawful means, where the needs of
society require, to promote and encourage the modernisation, simplification and reform
of legislation.
15. A barrister or solicitor shall not by his actions, stir up strife or litigation by
seeking out defects in titles, claims for personal injury or other causes of action for the
purpose of securing a retainer to prosecute a claim or pay or reward any person directly
or indirectly for the purpose of procuring him to be retained in his professional
capacity, and where it is in the interest of his client he shall seek to obtain reasonable
settlement of disputes.
16. A barrister or solicitor shall not except for good reason refuse his services in
respect of the offences of murder and treason.
17. A barrister or solicitor shall not be deterred from accepting proffered
employment owing to the fear or dislike of incurring the disapproval of officials, other
barristers or solicitors or members of the public.
18. Where a barrister or solicitor consents to undertake legal aid and he is requested
by the competent authority to undertake the representation of a person who is unable to
afford legal representation or to obtain legal aid, the barrister or solicitor shall not,
except for compelling reasons, seek to be excused from undertaking that representation.
19. A barrister or solicitor in undertaking the defence of a person accused of crime
shall use all fair and reasonable means to present every defence available at law.
III In relation to clients
20. (1) A barrister or solicitor shall always act in the best interest of his client,
represent him honestly, competently and zealously and endeavour by all fair and
honourable means to obtain for him the benefit of any and every remedy and defence
which is authorised by law, always bearing in mind that his duties and responsibilities
should be carried out within the boundary of the law.
(2) The first concern of a barrister or solicitor should always be the interest of
his client and the exigencies of the administration of justice which should rank before
his right to compensation for his services.

21. (1) A barrister or solicitor should, before advising on the cause of a client,
obtain a sound knowledge of the matter and give a candid opinion of its merits or
demerits and the probable results of pending or contemplated litigation.
(2) A barrister or solicitor should be reluctant in proffering bold and confident
assurances to his client especially where his employment may depend on these
assurances in light of the fact that the law is not always on the side of his client and that
the law allows for the audi alteram partem rule to be followed.
(3) Where a dispute allows for settlement without litigation, a barrister or
solicitor should advise his client to avoid or settle the dispute.
22. (1) A barrister or solicitor shall at the time of agreeing on a retainer disclose to
his client all the circumstances of his relations to the parties and his interest in or
connection with the dispute which may influence the client in his selection of a
barrister or solicitor.
(2) A barrister or solicitor shall scrupulously guard and never divulge the
secrets and confidence of his client except with his client’s consent.
23. A barrister or solicitor shall treat adverse witnesses, litigants and other barrister
or solicitors with fairness and courtesy, refraining from offensive personal references
and should refrain in conducting his professional duties from being influenced by his
client’s personal feelings and prejudices.
24. A barrister or solicitor has the right to undertake the defence of a person
accused of crime regardless of his own personal opinion as to the guilt of the accused
and having undertaken to conduct the defence, he is bound by all fair and honourable
means to present every defence that the law of the land permits so that no person may
be unjustly deprived of life or liberty.
25. (1) A barrister or solicitor may represent multiple clients only if he can
adequately represent the interests of each and if each consents to his representation
after full disclosure of the possible effects of multiple representation.
(2) A barrister or solicitor shall, in all situations where a possible conflict of
interest arises, resolve the conflict by leaning against multiple representation.
26. (1) A barrister or solicitor shall deal with the business of his client with all due
expedition and shall whenever reasonably so required by the client, provide him with
full information as to the progress of the business.
(2) It is improper for a barrister or solicitor to accept a case unless he can
handle it without undue delay.
27. Where a barrister or solicitor determines that the interest of his client requires it,
he may with the specific or general consent of the client refer his business or part of it
to another barrister or solicitor whether or not a member of his own firm.
28. (1) A Queen’s Counsel may accept instructions, appear or do any work without
a junior, except where he would otherwise be unable properly to carry out his
instructions or conduct his case if he were to do so.
(2) Where more than one barrister or solicitor appears as advocate for the same
party in the same proceedings, the decision of who shall lead the conduct of the case
shall, subject to the instructions of the client, be settled by the barrister or solicitor
representing that party before they appear in court and shall not be altered during the
course of the proceedings and the leader shall have all authority over the conduct of the case.

(3) A barrister or solicitor, including a Queen’s Counsel who appears with the
leader is entitled to an appropriate negotiated fee for his conduct of the case.
29. (1) A barrister or solicitor is entitled to reasonable compensation for his
services but should avoid charges which either overestimate or undervalue the service
rendered.
(2) A barrister or solicitor shall not charge in excess of the value of the service
rendered because of the ability of a client to pay, however, he may consider the
indigence of a client as a factor in charging below the value of the service rendered, or
not charging at all.
(3) A barrister or solicitor should avoid controversies with clients regarding
compensation for his services as far as is compatible with self-respect and his right to
receive compensation for his services.
30. The right of a barrister or solicitor to ask for a retainer or to demand payment of
out-of-pocket expenses and commitments and to withdraw his services for non-
payment of these fees shall not be exercised where the client may be unable to find
other timely assistance to prevent irreparable damage being done to his case.
31. Where a barrister or solicitor engages a foreign colleague to advise on a case or
to co-operate in handling it, he is responsible for the payment of the charges involved
except if there is an express agreement to the contrary, but where a barrister or solicitor
directs a client to a foreign colleague he is not responsible for the payment of the
charges, nor is he entitled to a share of the fee of his foreign colleague except where
there is an express agreement to the contrary.
32. Subject to paragraph 12 of Part B, a barrister or solicitor may at any time
withdraw from employment—
(a) where the client fails, refuses or neglects to carry out an agreement with or his obligation to the barrister or solicitor as regards the
expenses or fees payable by the client;
(b) where his inability to work with colleagues indicates that the best interest of the client is likely to be served by his withdrawal;
(c) where his client freely assents to the termination of his employment;
(d) where by reason of his mental or physical condition or other good and compelling reason it is difficult for him to carry out his employment
effectively; or
(e) in cases of conflict as contemplated in paragraph 25 of this Part or paragraph 8 of Part B.
33. (1) A barrister or solicitor may not appear as a witness for his own client
except in merely formal matters or where the appearance is essential to the ends of
justice.
(2) If a barrister or solicitor is a necessary witness for his client with respect to
matters other than those that are merely formal, he shall entrust the conduct of the case
to another barrister or solicitor of his client’s choice.


IV In relation to the courts and the administration of justice
34. (1) A barrister or solicitor shall maintain a respectful attitude towards the court
and shall not engage in undignified or discourteous conduct which is degrading to the
court.
(2) A barrister or solicitor shall encourage respect for the courts and the judges.
(3) A barrister or solicitor shall not support unjust criticisms of judges and
magistrates.
(4) Where there is ground for complaint against a judge or magistrate a
barrister or solicitor may make representation to the proper authorities and where this is
done, the barrister or solicitor shall be protected.
35. A barrister or solicitor shall endeavour always to maintain his status as an
advocate and shall not either in argument to the court or in address to the jury assert his
personal belief in his client’s innocence or in the justice of his cause or his personal
knowledge as to any of the facts involved in the matter under investigation.
36. A barrister or solicitor shall never seek privately to influence directly or
indirectly the judges of the court in his favour or in the favour of his client, nor shall he
attempt to influence juries by fawning, flattery or pretended solicitude for their
personal comfort.
37. A barrister or solicitor shall be punctual in attendance before the courts and
concise and direct in the trial and disposition of causes.
38. A barrister or solicitor appearing before the court shall at all times be attired in
the manner prescribed or agreed upon by the proper authorities and as befits the dignity
of the court.
V In relation to his fellow barristers or solicitors
39. (1) The conduct of a barrister or solicitor towards his fellow barristers or
solicitors shall be characterised by courtesy, fairness and good faith and he shall not
permit ill-feelings between clients to affect his relationship with his colleagues.
(2) All personal conflicts with barristers or solicitors should be scrupulously
avoided as should also colloquies between them which cause delay and promote
unseemly wrangling.
40. (1) A barrister or solicitor shall reply promptly to letters from other barristers
or solicitors making inquiries on behalf of their clients.
(2) A barrister or solicitor shall endeavour as far as reasonable to suit the
convenience of the opposing barrister or solicitor when the interest of his client or the
cause of justice will not be injured by so doing.
41. A barrister or solicitor shall not give a professional undertaking that he cannot
fulfil.
42. (1) A barrister or solicitor shall in the course of his professional duties report
improper or unprofessional conduct by a colleague to himself or his client to a
competent authority, except where the information relating to the improper or
unprofessional conduct is received in professional confidence in which case he shall
respect the duty of silence imposed in those circumstances.

(2) A barrister or solicitor shall in the course of his professional duties expose
without fear a barrister or solicitor who is alleged to have wronged a client and shall
not lightly refuse a retainer against another barrister or solicitor if called upon to do so.
43. Where a barrister or solicitor has been sent money, documents or other things
by a colleague in pursuance of a legal matter on condition that the receiving party will
use them for a particular purpose, he must comply with that request or immediately
return the money, document or other things.
44. A barrister or solicitor shall not in any way communicate upon a subject in
controversy or attempt to negotiate or compromise a matter directly with any party
represented by another barrister or solicitor except through that other barrister or
solicitor or with his prior consent.
45. (1) A barrister or solicitor shall not ignore the customs or practices of the legal
profession even when the law expressly permits it, without giving timely notice to the
opposing barrister or solicitor.
(2) A barrister or solicitor should avoid all sharp practices and should refrain
from taking any paltry advantage when his opponent has made or overlooked some
technical error or matter, bearing in mind that no client has a right to demand that a
barrister or solicitor representing him shall be illiberal or shall do anything repugnant to
his own sense of honour and propriety.
46. A barrister or solicitor shall not accept instructions to act in court proceedings
in which to his knowledge a client has previously been represented by another barrister
or solicitor, unless he first notified the other barrister or solicitor of the change, and
makes reasonable efforts to ensure that the other barrister or solicitor has been paid for
his services, however he shall be considered to have notified the other barrister or
solicitor if he has made reasonable efforts to notify him of the change.
47. A barrister or solicitor shall not accept instructions to act in proceedings other
than court proceedings in which to his knowledge, another barrister or solicitor has
previously represented the client unless he makes reasonable efforts to ascertain that
the retainer of that barrister or solicitor has been determined by the client or that the
client wishes both barrister or solicitor to represent him.
48. A barrister or solicitor who instructs or employs another barrister or solicitor to
act on behalf of his client shall, unless otherwise agreed, pay the proper fee of that
barrister or solicitor whether or not he has received payment from the client.

VI General
49. Nothing contained in this Code shall be construed as derogating from any
existing rules of professional conduct and duties of a barrister or solicitor which are in
keeping with the traditions of the legal profession and which are not specifically
provided for in this code.
50. Where in any particular matter explicit ethical guidance does not exist, a
barrister or solicitor shall determine his conduct by acting in a manner that promotes
public confidence in the integrity and efficiency of the legal system and the legal
profession.
51. (1) A person who previously held a substantive appointment as a judge of the
Supreme Court shall not appear as a barrister or solicitor in any of the courts of Montserrat for a period of five years commencing on the date of his retirement,
resignation or other termination of appointment.

(2) This rule shall not apply to a person who is appointed to act as a judge in a
temporary capacity.

PART B
Mandatory Provisions and Specific Prohibitions
1. A barrister or solicitor shall not practise as a barrister or solicitor unless he has
been enrolled on the court roll in accordance with the provisions of this Act.
2. (1) A barrister or solicitor shall never knowingly mislead the court.
(2) A barrister or solicitor shall not withhold facts or secrete witnesses in order
to establish the guilt or innocence of the accused.
3. A barrister or solicitor shall not hold out any person who is not qualified to
practise law as a partner, associate, consultant or barrister or solicitor.
4. A barrister or solicitor shall not become involved in a matter unless at the
request of a party to the matter; however, it is proper for a barrister or solicitor to
become involved in matters referred by another barrister or solicitor or an association
of barristers and solicitors for which he is engaged in any other manner not inconsistent
with this Code.
5. A barrister or solicitor shall not in the carrying on of his practice or otherwise
permit any act or thing which is likely or is intended to attract business unfairly or can
reasonably be regarded as touting or public advertising.
6. (1) A barrister or solicitor shall not in any way make use of any form of public
advertisement calculated to attract clients to himself or any firm with which he is
associated and he shall not permit, authorise or encourage anyone to do so or reward
anyone for doing so on his behalf.
(2) A barrister or solicitor shall not permit his professional standing to be used
for the purpose of advertising any particular product, service or commercial
organisation.
(3) Despite subparagraphs (1) and (2)—
(a) a barrister or solicitor or law firm may have a website or publish professional newsletters, the contents which shall—
(i) be in accordance with the good practice of the legal profession,
and may inform of the firm, its members and staff and current
legal issues; and
(ii) shall not contain anything derogatory of the legal profession,
Government, judiciary or their respective members;
(b) a barrister or solicitor may permit limited and dignified identification of himself as a barrister or solicitor—
(i) in political advertisements relevant to the cause of a political
campaign or issue;
(ii) in public notices where the announcement of his professional
status is required or authorised by law or is reasonably necessary
for a purpose other than attracting potential clients;

(iii) in reports and announcements of bona fide commercial, civic,
professional or political organisations in which he serves as a
director or officer;
(iv) in and on legal textbooks, articles, professional journals and other
legal publications and in dignified and restrained advertisements
of these publications; or
(v) in announcements of any public address, lecture, or publication by
him on legal topics except that these announcements do not
emphasize his own professional competence and are not likely to
be regarded as being concerned with the giving of individual
advice by him;
(c) a barrister or solicitor may speak in public or write for publication on legal topics so long as it is not likely to be regarded as being concerned
with the giving of individual advice;
(d) the following cards, office signs, letterheads or directory listings may be used by a barrister or solicitor but in a restrained and dignified
form—
(i) a professional card identifying the barrister or solicitor by name
and as a barrister or solicitor, giving his decorations and degrees,
legal or otherwise, his addresses, telephone numbers and the name
of his law firm or professional associates;
(ii) a brief professional announcement card which may be delivered
only to barristers, solicitors, clients, former clients, personal
friends and relations, and government bodies stating new or
changed associations, addresses, or firm names or similar
professional matters;
(iii) a sign of a size and design compatible with the existing practice of
the profession displayed on or near the door of the office and in
the building directory identifying the law office;
(iv) a letterhead identifying the barrister or solicitor by name and as an
barrister or solicitor and giving his decorations and degrees, legal
or otherwise, his addresses, telephone numbers and the name of
his law firm and of his associates;
(v) a listing in a telephone directory, a reputable law list, legal
directory or biographical reference giving a brief biographical or
other relevant information and the professional card, office sign,
letterhead or listing may also state that the barrister or solicitor is a
notary public;
(vi) a listing in a legal or other related journal or publication giving
information on the contact details of the barrister or solicitor and
his firm, and the services provided.
7. Where a barrister or solicitor commits a criminal offence which is of a nature
likely to bring the profession into disrepute, the commission of the offence shall
constitute professional misconduct if—
(a) he has been convicted by a court, including a foreign court of competent jurisdiction, of the offence; or

(b) he has been prosecuted and has been acquitted by reason of a technical
defence or he has been convicted but the conviction is quashed by
reason of some technical defence.
8. A barrister or solicitor shall not acquire directly or indirectly by purchase or
otherwise a financial or other interest in the subject matter of a case which he is
conducting.
9. (1) A barrister or solicitor shall not enter into partnership or fee sharing
arrangements concerning the practice of law with a non-qualified body or person.
(2) A barrister or solicitor shall not enter into an arrangement for or charge or
collect a fee in contravention of this Code or any law.
10. (1) A barrister or solicitor shall not charge fees that are unfair or unreasonable
and in determining the fairness and reasonableness of a fee the following factors may
be taken into account—
(a) the time and labour required, the novelty and difficulty of the questions involved and the skill required to competently perform the legal
service;
(b) the likelihood that the acceptance of the particular employment will preclude other employment by the barrister or solicitor;
(c) the fee customarily charged in the locality for similar legal services;
(d) the amount, if any involved;
(e) the time limitations imposed by the client or by the circumstances;
(f) the nature and length of the professional relationship with the client;
(g) the experience, reputation and ability of the barrister or solicitor concerned; and
(h) any scale of fees or recommended charges prescribed by law.
(2) A barrister or solicitor shall not accept any fee or reward for merely
introducing a client or referring a case or client to another barrister or solicitor.
(3) A barrister or solicitor shall not charge a contingency fee except with the
prior agreement of the client for reasonable commissions on the collection of liquidated
claims.
11. (1) A barrister or solicitor shall not act in any manner in which his professional
duties and personal interests conflict or are likely to conflict except with the specific
approval of his client given after full disclosure to the client.
(2) A barrister or solicitor shall not accept or continue his retainer or
employment on behalf of two or more clients if their interests are likely to conflict or if
his independent professional judgment is likely to be impaired.
12. (1) A barrister or solicitor who withdraws from employment under paragraph
32 of Part A shall not do so until he has taken reasonable steps to avoid foreseeable
prejudice or injury to the position and rights of his client including—
(a) giving adequate notice;
(b) allowing time for employing another barrister or solicitor;

(c) delivering to the client all documents and property to which he is
entitled subject however to any lien which the barrister or solicitor
may have over these items;
(d) complying with any laws, rules or practice that may be applicable; and
(e) where appropriate, obtaining the permission of the court were the hearing of the matter has commenced.
(2) A barrister or solicitor who withdraws from employment shall refund
promptly that part of the fees, if any, already paid by his client as may be fair and
reasonable having regard to all the circumstances of the case.
13. A barrister or solicitor shall withdraw forthwith from employment or from a
matter pending before a tribunal—
(a) where the client insists upon his presenting a claim or defence that he
cannot conscientiously advance;
(b) where the client seeks to pursue a course of conduct which is illegal or which will result in deliberately deceiving the court;
(c) where a client has in the course of the proceedings perpetrated a fraud upon a person or tribunal and on request by the barrister or solicitor
has refused or is unable to rectify the same;
(d) where his continued employment will involve him in the violation of the law;
(e) where the client by any other conduct renders it unreasonably difficult for the barrister or solicitor to carry out his employment effectively or
in accordance with his judgment and advice, the rules of law or
professional ethics; or
(f) where for any good and compelling reason it is difficult for him to carry out his employment effectively.
14. A barrister or solicitor shall not retain money he receives for his client for
longer than is absolutely necessary.
15. A barrister or solicitor shall never disclose, unless ordered to do so by the court
or required by statute, what has been communicated to him in his capacity as a barrister
or solicitor by his client or the barrister or solicitor of his client and this duty not to
disclose extends to his partners and to any junior barrister or solicitor assisting him,
however, a barrister or solicitor may reveal confidences or secrets necessary to
establish or collect his fee or to defend himself or associates against an accusation of
wrongful conduct.
16. A barrister or solicitor shall not permit his professional services or his name to
be used in any way that would make it possible for persons who are not legally
authorised to do so to practise law.
17. A barrister or solicitor shall not delegate to a person not legally qualified and
not in his employ or under his control any functions which by the laws of Montserrat
should only to be performed by a qualified barrister or solicitor.
18. A barrister or solicitor shall not act with inexcusable or undue delay, negligence
or neglect in the performance of his duties.
19. A barrister or solicitor shall not engage in undignified or discourteous conduct
which is degrading to the court or his profession.

20. A barrister or solicitor shall not wilfully make false accusations against a judge
or magistrate.
21. A barrister or solicitor who holds a public office shall not use his public
position to influence or attempt to influence a tribunal to act in favour of himself or of
his client.
22. A barrister or solicitor shall not accept private employment in a matter upon the
merits of which he previously acted in a judicial capacity or for which he had
substantial responsibility while he was in public employment.
23. A barrister or solicitor shall not give, lend or promise anything of value to a
Judge, juror or official of a tribunal before which there is pending any matter in which
he is engaged.
24. A barrister or solicitor shall not, in any proceedings in a court, communicate or
cause any other person to communicate with a juror information as to the merits of the
proceeding, and shall only do so with a judge or person exercising judicial functions—
(a) in the normal course of the proceedings; or
(b) where authorised by law or the practice of the courts.
25. A barrister or solicitor shall not for the purpose of making any person
unavailable as a witness, advise or cause that person to secrete himself or leave the
jurisdiction of the court.
26. A barrister or solicitor shall not pay or offer to pay or acquiesce in the payment
of compensation to a witness for giving evidence in any cause or matter except as
reimbursement for expenses reasonably incurred and as reasonable compensation for
loss of time in attending, for preparation and testifying, and in the case of an expert
witness a reasonable fee for his professional services.
27. A barrister or solicitor shall not knowingly use perjured testimony or false
evidence or participate in the creation or use of evidence that he knows to be false.
28. A barrister or solicitor shall not counsel or assist his client or a witness in
conduct that the barrister or solicitor knows to be illegal or fraudulent, and where he is
satisfied that his client has in the course of the particular representation perpetrated a
fraud upon a person or tribunal, he shall promptly call upon the client to rectify the act.
29. A barrister or solicitor shall not knowingly make a false statement of law or
fact.
30. (1) A barrister or solicitor shall not commit a breach of an undertaking given
by him to a judge, a court, tribunal or any of its officials, whether the undertaking
relates to an expression of intention as to future conduct or is a representation that a
particular state of facts exists.
(2) A barrister or solicitor shall not knowingly represent falsely to a judge, a
court or tribunal that a particular state of facts exists.
31. In pecuniary matters a barrister or solicitor shall be most punctual and diligent
and shall never mingle funds of others with his own and shall at all times be able to
refund money he holds for others.
32. A barrister or solicitor shall keep accounts as clearly and accurately as is
possible to distinguish the financial position between himself and his client as and
when required.

33. Nothing contained in paragraphs 31 and 32 shall deprive a barrister or solicitor
of any recourse or right whether by way of lien, set-off, counterclaim, charge or
otherwise against monies standing to the credit of an account maintained by that
barrister or solicitor for a client.
34. Where no provision is made in this Code in respect of any matter, the rules and
practice of the legal profession which govern the particular matter shall apply in so far
as is practicable.
____________




STATUTORY INSTRUMENTS

1967 No. 223
THE SUPREME ORDER 1967
S.I. 1967 No. 223 (U.K.), S.I.s. 1 & 2/1975, S.I. 1983 No. 1108(U.K.), S.I. (MNI)
1/1985, S.I. (MNI) 1/1989, S.I. (MNI) 1/1991, S.I.s (MNI) 27 & 28/1993, S.I.(MNI) 33/1995, S.I. (MNI) 1996, S.I. 2000 No. 3060 (U.K.), S.R.O. 100/2000, S.R.O. 7/2001,
S.I.s. (MNI) 2 & 3/2008, S.R.O.s 42 and 43/2012

Made 22nd February 1967
Coming into force 27th February 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under section 6 of the West
Indies Act 1967 3 is pleased, by and with the advice of Her Privy Council, to order, and
it is hereby ordered, as follows:
PART 1
PRELIMINARY
Citation, commencement and revocation
1. (1) This Order may be cited as the Supreme Court Order.
(2) This Order shall come into operation on 27th February 1967.
Provided that the provisions of subsection (3) of this section and sections
18 to 23 of this Order shall come into operation on such later date (hereinafter
referred to as “the prescribed date”) as the Chief Justice may by order
prescribe.
(3) The Windward Islands and Leeward Islands (Courts) Order in Council
1959 4 , as amended
5 , hereinafter referred to as “the Order of 1959”) and the British
Caribbean Court of Appeal Order in Council 1962 6 , as amended
7 , (hereinafter referred
to as “the Order of 1962”) are revoked in so far as they have effect as part of the law of
each State:
Provided that the provisions of sections 21(2) and 22(5) of the Order of
1959 and article 9 of the Order of 1962 shall continue in force as part of the law
of each State as if those Orders had not been revoked.
3 1967 c. 4
4S.I. 1959/2197 (1959 I, p. 563).- 5The relevant amending Orders are S.I. 1960/1658, 1962/1084, 1967/162 (1960 I, p. 473; 1962 II, p. 1220). 6S.I. 1962/1086 (1962 II, 1247). 7The relevant amending Orders are S.I. 1962/1245, 1962/1870, 1966/575, 1966/1455 (1962 II, pp. 1367, 2186; 1966 II, p. 1226; III, p. 3858).

Interpretation
2. (1) In this Order “State” means any of the following, that is to say—
Antigua and Barbuda,
Dominica,
Saint Christopher and Nevis,
Saint Lucia, and
Saint Vincent and the Grenadines.
(2) In this Order any reference to a State shall be construed as including a
reference to its dependencies (if any).
(3) In this Order, unless the context otherwise requires, any reference to the
holder of an office by the term designating his or her office shall be construed as
including a reference to any person who, under and to the extent of any authority in that
behalf, is for the time being performing the functions of that office.
(4) (a) Where any person has vacated any office established by or under this Order he or she may, if qualified, again be appointed to hold
that office from time to time.
(b) A person may be appointed to an office established by or under
this Order notwithstanding that some other person may be holding
that office when that other person is on leave of absence pending
the relinquishment of the office; and where 2 or more persons are
holding the same office by reason of an appointment made in
pursuance of this paragraph, then, for the purposes of any function
conferred upon the holder of that office, the person last appointed
shall be deemed to be the sole holder of the office.
(5) Any act done for the purposes of this Order by the Judicial and Legal
Services Commission or the interim Commission established by section 24 of this
Order shall be signified in writing under the hand of the Chairman of the Commission.
(6) The Interpretation Act 1889 8 shall apply, with the necessary adaptations,
for the purpose of interpreting this Order and otherwise in relation thereto as it applies
for the purpose of interpreting, and in relation to, Acts of Parliament.
Application to Saint Vincent
3. Until such time as Saint Vincent assumes a status of association with the United
Kingdom in accordance with the provisions of the West Indies Act, 1967, references in
this Order to the Prime Minister of a State shall, in their application to Saint Vincent,
be construed as references to the Administrator of Saint Vincent, acting in his or her
discretion. (Amended by S.I. 1983 No. 1108)
81889 c. 63.

PART 2
THE SUPREME COURT
Establishment of Supreme Court
4. (1) There shall be a Supreme Court for the States which shall be styled the
Eastern Caribbean Supreme Court and shall be a superior court of record.
(2) The Supreme Court shall consist of a Court of Appeal and a High Court of
Justice.
(3) Subject to the provisions of subsection (5) of this section, the judges of the
Court of Appeal shall be the Chief Justice, who shall be President of the Court, and 6
Justices of Appeal.
(4) Subject to the provisions of subsection (5) of this section, the judges of the
High Court shall be the Chief Justice and not more than 19 Puisne Judges.
(5) The number of Justices of Appeal and of Puisne Judges of the High Court
may be varied by order of the Chief Justice made with the concurrence of the Prime
Ministers of all the States:
Provided that, no office of Justice of Appeal or Puisne Judge shall be
abolished while there is a substantive holder thereof without the consent of the holder
thereof.
(6) The Court of Appeal and the High Court shall be deemed to be duly
constituted notwithstanding a vacancy in the office of any judge of the Court.
(7) The Court of Appeal and the High Court shall each have and use a seal
bearing the style of the court and a device approved by the Chief Justice. (Amended by S.I. 1/1975, S.I. (U.K.) 1983 No 1108, S.I. (MNI) 1/1991,
S.I. (MNI) 3/2008 and S.R.O. 43/2012)
Appointment of judges
5. (1) The Chief Justice shall be appointed by Her Majesty by Letters Patent and
the Justices of Appeal and the Puisne Judges shall be appointed on behalf of Her
Majesty by the Judicial and Legal Services Commission.
(2) A person shall not be qualified to be appointed—
(a) as Chief Justice or a Justice of Appeal unless—
(i) he or she has been for a period or periods amounting in the
aggregate to not less than five years a judge of a court of unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from
such a court; or
(ii) he or she is qualified to practise as an advocate in such a court,
and has so practised, for a period of, or periods amounting in the
aggregate to, not less than fifteen years;
(b) as a Puisne Judge unless—
(i) he or she is or has been a judge of a court of unlimited jurisdiction
in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; or

(ii) he or she is qualified to practise as an advocate in such a court,
and has so practised, for a period of or periods amounting in the
aggregate to not less than ten years.
(3) For the purposes of subsection (2) of this section references in that
subsection to a period or periods during which a person has practised as an advocate in
any such court as is mentioned in that subsection shall be construed as including a
period or periods during which a person—
(a) has been serving in the office of judge of any such court; or
(b) after having become qualified to practise as an advocate in any such court, has been serving in a public office in some part of the
Commonwealth the functions of which include appearing as an
advocate in any such a court or in the office of magistrate, or registrar
of a court, in some part of the Commonwealth.
Acting judges
6. (1) The Judicial and Legal Services Commission may designate generally or
for a specific occasion one of the Justices of Appeal to act as Chief Justice in the event
that the office of the Chief Justice is vacant or that the Chief Justice is for any reason
unable to perform the functions of his or her office.
(2) If one of the Justices of Appeal is acting as Chief Justice or if the office of a
Justice of Appeal or a Puisne Judge is vacant or if a Justice of Appeal or a Puisne Judge
is for any reason unable to perform the functions of his or her office, the Judicial and
Legal Services Commission may appoint a person qualified for appointment as a
Justice of Appeal or Puisne Judge to act as a Justice of Appeal or Puisne Judge, as the
case may be.
(3) A person appointed under this section to act as Chief Justice, a Justice of
Appeal or a Puisne Judge shall (unless he or she earlier resigns his or her appointment
or is removed therefrom in pursuance of the provisions of section 8 of this Order)
continue to act in that office for the period, if any, for which he or she was appointed or
until a person has been appointed to and assumed, or has resumed, the functions of that
office, as the case may be.
(4) Any person appointed to the office of, or to act as, Chief Justice, Justice of
Appeal or Puisne Judge may, notwithstanding the vacation of his or her office or the
termination of his or her appointment otherwise than in pursuance of the provisions of
section 8 of this Order, sit as a judge for the purpose of giving judgment or otherwise in
relation to any proceeding heard by him or her while he or she was holding the office
of judge.
Oaths
7. Every person appointed to be a judge of the Court of Appeal or the High Court
shall, before entering upon his or her functions as such, take the oaths set out in
schedule 1 to this Order.
Tenure of office of judges
8. (1) Subject to the following provisions of this section, a judge of the Court of
Appeal shall hold office until he or she attains the age of sixty five years and a Puisne
Judge shall hold office until he or she attains the age of sixty two years:

Provided that, the Judicial and Legal Services Commission acting with the
concurrence of the Prime Ministers of all the States may permit a judge to continue in
his or her office after attaining the age prescribed in this subsection for a period or
periods not exceeding in the aggregate three years.
(2) The provisions of subsection (1) of this section shall not apply to a person
appointed to act as a judge of the Court of Appeal or the High Court in respect of his or
her acting appointment.
(3) A judge may be removed from office only for inability to discharge the
functions of his or her office (whether arising from infirmity of body or mind or any
other cause) or for misbehaviour, and shall not be so removed except in accordance
with the following provisions of this section.
(4) The Chief Justice may be removed from office by order of Her Majesty and
other judges of the Supreme Court shall be removed from office by order of the
Judicial and Legal Services Commission if the question of the removal from office has,
in pursuance of the next following subsection, been referred to the Judicial Committee
of Her Majesty’s Privy Council under any enactment enabling Her Majesty in that
behalf and the Judicial Committee has advised Her Majesty that the Chief Justice or the
judge, as the case may be, ought to be removed from office for inability as aforesaid or
misbehaviour.
(5) If, in the case of the Chief Justice, the Prime Minister of one of the States to
which this Order applies represents to the Lord High Chancellor of Great Britain or if,
in the case of any other judge of the Supreme Court, the Judicial and Legal Services
Commission represents to the Chief Justice that the question of removing the Chief
Justice or other judge, as the case may be, for inability as aforesaid or for misbehaviour
ought to be investigated then—
(a) the Lord Chancellor or the Chief Justice, as the case may be, shall appoint a tribunal which shall consist of a Chairman and not less than
2 other members selected by the Lord Chancellor or the Chief Justice,
as the case may be, from among persons who hold or have held office
as a judge of a court of unlimited jurisdiction in criminal and civil
matters in some part of the Commonwealth or as a judge of a court
having jurisdiction in appeals from any such court; and
(b) that tribunal shall enquire into the matter and report on the facts thereof to the Lord Chancellor or the Chief Justice, as the case may be, and
recommend whether the question of the removal of the Chief Justice or
other judge, as the case may be, should be referred by Her Majesty to
the Judicial Committee.
(6) The provisions set out in schedule 2 to this Order shall apply in relation to
tribunals appointed under the last foregoing subsection or to the members thereof.
(7) If the question of removing the Chief Justice or other judge of the Supreme
Court has been referred to a tribunal under subsection (5) of this section the Lord
Chancellor, in the case of the Chief Justice, or the Judicial and Legal Services
Commission, in the case of any other judge of the court, may suspend the Chief Justice
or other judge, as the case may be, from performing the functions of his or her office.
(8) Any such suspension may at any time be revoked by the Lord Chancellor or
the Judicial and Legal Services Commission, as the case may be, and shall in any case
cease to have effect—

(a) if the tribunal recommends that the question of the removal of the
judge from office should not be referred by Her Majesty to the Judicial
Committee; or
(b) if the Judicial Committee advises that the judge ought not to be removed from office.
(9) Any expenses, in connection with proceedings under this section,
authorised by the Lord Chancellor or the Chief Justice, as the case may be, shall be
regarded as part of the expenses of the Supreme Court. (Amended by S.I. 1983 No. 1108 (U.K.))
Jurisdiction in the States
9. (1) The High Court shall have, in relation to a State, such jurisdiction and
powers as may be conferred on it by the Constitution or any other law of the State.
(2) The Court of Appeal shall have, in relation to a State, of such jurisdiction to
hear and determine appeals and to exercise such powers as may be conferred upon it by
the Constitution or any other law of the State.
(3) The process of the Supreme Court shall run throughout the States and any
judgment of the Court shall have full force and effect and may be executed and
enforced in any of the States.
(4) The provisions of subsection (3) of this section shall be without prejudice
to the provisions of the constitution of each State relating to fundamental rights and
freedoms.
Jurisdiction in other territories
10. The High Court and Court of Appeal may exercise such jurisdiction and
powers, and any judge, Master or the Chief Registrar of the Supreme Court may
exercise such functions, as may be conferred upon them respectively in relation to
Anguilla, Montserrat or the Virgin Islands by or under any law in force in Anguilla,
Montserrat or the Virgin Islands, as the case may be. (Amended by S.I. 1983 No. 1108 (U.K.) and S.I. 2000 No. 3060 (U.K.))
PART 3
GENERAL
Remuneration, etc. of judges
11. (1) The Chief Justice, the Justices of Appeal and the Puisne Judges shall be
paid the salaries specified in schedule 3 to this Order, and shall be entitled to such
allowances and shall have such terms and conditions of office as may from time to time
be determined by the Judicial and Legal Services Commission with the concurrence of
the Prime Ministers of all the States:
Provided that—
(a) the salaries specified in schedule 3 to this Order may be altered by order made by the Judicial and Legal Services Commission with the
concurrence of the Prime Ministers of all the States;
(b) the salary and allowances (other than allowances which are not taken into account in the computation of pensions) of a judge shall not be

reduced and the terms and conditions of office applicable to a judge
upon his or her appointment shall not be made less favourable to him
or her during the currency of that appointment.
(2) Where a judge is entitled to exercise an option in relation to his or her
salary or the other matters referred to in proviso (b) to subsection (1) of this section, the option as exercised by him or her shall be deemed for the purposes of that proviso to be
in his or her favour. (Amended by S.I. 1983 No. 1108 (U.K.)
Chief Registrar and other officers
12. (1) There shall be, for all the States, and for Anguilla, Montserrat and the
Virgin Islands, an office of Master, an office of Chief Registrar and such other offices
of the Supreme Court as the Chief Justice may from time to time prescribe by order
made with the concurrence of the Prime Ministers of all the States; and the holders of
such offices shall be paid such salaries and allowances and shall have such terms and
conditions of office as may from time to time be determined by the Chief Justice with
the concurrence of the Prime Ministers of all the States.
(2) Power to make appointments to the office of Chief Registrar, the office of
Master, and to the other offices prescribed under this section and to exercise
disciplinary control over persons holding or acting in such offices shall vest in the
Judicial and Legal Services Commission.
(3) Power to make appointments to offices conferred by the provisions of this
section shall be construed as including power to appoint a person to perform the
functions of any such office during any period during which it is vacant or the holder
thereof is unable for any reason to perform those functions.
(4) The power to constitute offices and make appointments thereto conferred
by this section shall be in addition to any power conferred by the Constitution of any
State to constitute the offices of and appoint for that State a registrar and other officers
of the High Court.
(Amended by S.I.s 1983 No. 1108 (U.K.) and 2000 No. 3060 (U.K.))
Pensions of judges, Chief Registrar and other officers
13. (1) For the purposes of any laws, regulations and other instruments relating to
the grant of pensions, gratuities and other like benefits the judges, Master, Chief
Registrar and the holders of the other offices of the Supreme Court referred to in
section 12(1) of this Order shall be in the service of such State as the Chief Justice
may, in each case, from time to time direct; and any such direction given by the Chief
Justice shall take effect as from such date as may be specified by the Chief Justice and
shall have effect as an appointment to a pensionable office in that service.
(2) Where by virtue of this section any payment is made out of the funds of a
State the Governments of the other States shall pay to the Government of that State the
proportions of that payment specified by or under section 15 of this Order; and the
sums that are required by virtue of this subsection to be paid by the Government of any
State are hereby charged on the Consolidated Fund of that State. (Amended by S.I. 2000 No. 3060 (U.K.))
Resignations
14. (1) Any person who is appointed to any office established by or under this
Order may resign from that office by writing under his or her hand addressed, in the

case of the Chief Justice, to the Lord Chancellor and, in any other case, to the
Chairman of the Judicial and Legal Service Commission.
(2) The resignation of any person from any such office shall take effect when
the writing signifying the resignation is received by the Lord Chancellor or the
Chairman, as the case may be.
Expenses of the Court
15. The expenses of the Supreme Court (including the remuneration and allowances
referred to in section 11 of this Order but less any sums that may be paid towards the
expenses by the Governments of Anguilla, Montserrat and the Virgin Islands) shall,
except as otherwise provided by agreement between the Governments of all the States,
be borne by the Governments of the States in equal proportions; and the sums that are
required by virtue of this section or any such agreement to be paid by the Government
of any State are hereby charged on the Consolidated Fund of that State. (Amended by S.I. 1983 No. 1108 (U.K.))
Posting of judges
16. The Chief Justice shall assign a Puisne Judge to each State who shall reside in
the State to which he or she is assigned.
Rules of Court
17. (1) Subject to the provisions of this Order and any other law in force in any of
the States, the Chief Justice and any other 2 judges of the Supreme Court selected by
him or her may make rules of court for regulating the practice and procedure of the
Court of Appeal and the High Court in relation to their respective jurisdiction and
powers in respect of any of the States.
(2) Without prejudice to the generality of the foregoing subsection such rules
may be made for any of the following purposes—
(a) for regulating the sittings of the Court of Appeal and the High Court, and the selection of judges for any purpose;
(b) for prescribing forms and fees in respect of proceedings in the Supreme Court and relating to costs of and incidental to any such
proceedings;
(c) for prescribing the times in which any requirement of the rules is to be complied with;
(d) for prescribing and regulating the powers and duties of the Chief Registrar, registrars and officers of court;
(e) for providing for summary determination of any appeal which appears to the court to be frivolous or vexatious or to be brought for the
purposes of delay;
(f) for prescribing cases in which, and conditions upon which, an appellant in a criminal appeal shall be entitled to be present at the
hearing of the appeal;
(g) for providing for a reference from a decision of a single judge of the Court of Appeal to the Court of Appeal;
(h) for regulating the right of practising before the Supreme Court and the representation of persons concerned in any proceedings therein.

(3) Rules made under this section may fix the number of judges of the Court of
Appeal who may sit for any purpose;
Provided that—
(a) an uneven number of judges shall sit, which for the purposes of any final determination by the court other than the summary dismissal of
an appeal, shall not be less than three; and
(b) any determination by the court on any matter (whether final or otherwise) shall, where more than one judge sits, he or she according
to the opinion of the majority of the judges who sit for the purpose of
determining that matter.
(4) Rules made under this section may provide for and regulate the execution
and enforcement in any State of the process of the Court of Appeal or the High Court in
exercise of any powers and jurisdiction conferred upon it in pursuance of section 9 or
10 of this Order.
(5) No rule of court which may involve an increase in the expenses of the
Supreme Court shall be made except with the concurrence of the Prime Ministers of all
the States; but the validity of a rule of court shall not in any proceedings in any court be
called in question on the ground only that it was a rule to which the concurrence of the
Prime Ministers was necessary and that they did not concur or are not expressed to
have concurred in the making thereof. (Amended by S.I. 1983 No. 1108 (U.K.)
PART 4
JUDICIAL AND LEGAL SERVICES COMMISSION
Establishment of Commission
18. (1) There shall be a Judicial and Legal Services Commission (hereinafter
referred to as the “Commission”) for the States which shall consist of the following
persons, that is to say—
(a) the Chief Justice, who shall be the Chairman;
(b) such Justice of Appeal or Puisne Judge as may from time to time be designated in that behalf by the Chief Justice;
(c) a person, appointed by the Chief Justice with the concurrence of the Prime Ministers of not less than four of the States, who has been a
judge of a court of unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or a court having jurisdiction in
appeals from any such court, not being a person who is practising as an
advocate before the Supreme Court; and
(d) two members selected in accordance with the provisions of subsection (2) of this section.
(2) The persons for the time discharging the functions of Chairman of the
Public Service Commission of two States, being States for the time being designated in
that behalf by the Chief Justice, shall be ex-officio members of the Commission:
Provided that—
(a) except as otherwise provided in any agreement between the Governments of all the States, the Chief Justice shall designate States

in such manner that the Chairmen of the Public Service Commission of
the States sit as members of the Commission in rotation for periods of
three years, the order of rotation among the States to be as follows—
(i) Antigua and Barbuda and Dominica,
(ii) Saint Christopher and Nevis,
(iii) Saint Lucia and Saint Vincent and the Grenadines; and
(b) where the Chairman of the Public Service Commission of any designated State is in practice as an advocate before the Supreme
Court, that Public Service Commission shall nominate another of its
members, not being a person so in practice, to sit on the Commission
in his or her stead.
(3) The office of the appointed member of the Commission shall become
vacant—
(a) at the expiration of three years from the date of his or her appointment;
(b) if he or she practises as an advocate before the Supreme Court; or
(c) if the question of his or her ceasing to be a member of the Commission has been referred by the Chief Justice, acting on the recommendation
of the Prime Ministers of not less than four of the States, to a tribunal
consisting of a Chairman and two other persons appointed by the Chief
Justice, and that tribunal has recommended that such person should
cease to be a member of the Commission.
(4) The Commission shall not be disqualified for the transaction of business by
reason of any vacancy amongst its members. (Amended by S.I. 1983 No. 1108 (U.K.))
Functions and procedure of Commission
19. (1) The Commission shall perform such functions as are conferred on it by this
Order or any other law for the time being in force in any State.
(2) The Commission may by regulation or otherwise regulate its own
procedure and confer powers and impose duties on any officer or authority of the
Government of a State for the purposes of the exercise of its functions:
Provided that, except in the case of an officer of the High Court, no such
powers or duties shall be conferred upon any officer in the public service of a State
without the consent of the Prime Minister of the State.
(Amended by S.I. 1983 No. 1108 (U.K.))
Staff
20. The Commission may employ such officers as are necessary for the purpose of
the exercise of its functions as the Chairman with the concurrence of the Prime
Ministers of all the States may appoint. (Amended by S.I. 1983 No. 1108 (U.K.))
Expenses
21. The members of the Commission other than the Chief Justice and the Justice of Appeal or Puisne Judge, shall be paid such remuneration as the Chief Justice may with
the concurrence of the Prime Ministers of all the States prescribe; and the Governments

of the States shall, except as otherwise provided by agreement between the
Governments of all the States, contribute in equal proportions to the expenses of the
Commission; and the sums that are required by virtue of this section to be paid by the
Government of any State are hereby charged on the Consolidated Fund of that State. (Amended by S.I. 1983 No. 1108 (U.K.))
PART V
TRANSITIONAL PROVISIONS
Pending proceedings
22. (1) Any proceedings originating in any of the States and pending immediately
before the prescribed date in the British Caribbean Court of Appeal or in the Supreme
Court or the Court of Appeal of the Windward Islands and Leeward Islands may be
continued and concluded on or after that date—
(a) in the case of proceedings pending in the British Caribbean Court of Appeal, in the Court of Appeal: and
(b) in the case of proceedings pending in the Supreme Court or the Court of Appeal of the Windward Islands and Leeward Islands, in the High
Court.
(2) An appeal shall lie to the Court of Appeal on and after the prescribed date
from any judgment of the Supreme Court of the Windward Islands and Leeward
Islands given before the prescribed date in any proceedings originating in any of the
States as if it were a judgment of the High Court.
(3) Any judgment of the British Caribbean Court of Appeal that was given but
not satisfied before the prescribed date in any proceedings originating in any of the
States may be enforced on or after the prescribed date as if it were a judgement of the
Court of Appeal and any such judgment of the Court of Appeal or the High Court of
the Windward Islands and Leeward Islands may be so enforced as if it were a judgment
of the High Court.
(4) Until such time as other provision is made in that behalf by any law in force
in a State, an appeal shall lie to the High Court from the decision of a magistrate in that
State in any case in which an appeal would have lain to the Court of Appeal of the
Windward Islands and Leeward Islands if the Order of 1959 had not been revoked.
Existing laws, etc.
23. (1) Any rule of court made under or kept in force by the Order of 1959 or the
Order of 1962 and having effect as part of the law of a State immediately before the
prescribed date shall continue in force on and after that date notwithstanding the
revocation of those Orders.
(2) Any law (including any rule of court) other than the Order of 1959 and the
Order of 1962 having effect as part of the law of a State immediately before the
prescribed date shall have effect on and after the prescribed date as if—
(a) references therein to the British Caribbean Court of Appeal were references to the Court of Appeal; and
(b) references therein to the Supreme Court or the Court of Appeal of the Windward Islands and Leeward Islands were references to the High
Court.

(3) The foregoing provisions of this section shall be without prejudice to any
powers conferred by any law in force in a State upon any person or authority to make
provision for any matter, including the amendment or revocation of any law (including
any rule of court) having effect as part of the law of that State immediately before the
prescribed date or the making on or after that date of rules of court so having effect.
Interim Commission
24. (1) Until the prescribed date, the powers conferred on the Judicial and Legal
Services Commission by sections 5 and 12 of this Order may be exercised by an
interim Commission consisting of—
(i) the Chief Justice, who shall be the Chairman,
(ii) one person, appointed by the Chief Justice, who is or has been a
judge of a court of unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court, and
(iii) three persons appointed by the Chief Justice with the concurrence
of the Prime Ministers or, as the case may be, Chief Ministers of
not less than 4 of the States, one of whom has been a judge of such
a court.
(2) A person who is in practice as an advocate before the Supreme Court
established by the Order of 1959 shall not be appointed under subsection (1) of this
section. (Amended by S.I. 1983 No. 1108 (U.K.))
Terms of service of judges
25. Until other provision is made under section 11(1) of this Order, the allowances
of the judges of the Court of Appeal and of the High Court and their terms and
conditions of service, other than their salaries, shall be those to which the judges of the
Supreme Court established by the Order of 1959 were entitled or which were
applicable to them immediately before the commencement of this Order.________
____________

SCHEDULE 1
(Section 7)
Forms of Oaths and Affirmations
1. Oaths of Allegiance
I ............................................................................ do swear that I will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors, according to law. So help me God.
2. Affirmation of Allegiance
I ............................................................................ do solemnly and sincerely affirm
and declare that I will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, Her Heirs and Successors, according to law.
3. Oath for due execution of office
I ................................................................................................................. do swear
that I will well and truly serve Her Majesty Queen Elizabeth the Second in the office
of (here insert the description of the office). So help me God.
4. Affirmation for due execution of office
I ............................................................................................................ do solemnly
and sincerely affirm and declare that I will well and truly serve Her Majesty Queen
Elizabeth the Second in the office of (here insert the description of the office).
____________
SCHEDULE 2
(Section 8(6))
Provisions applying in relation to tribunals appointed under section 8(5)
1. The members of a tribunal may make such rules for their own guidance,
and the conduct and management of proceedings before them and the
hours and times and places for their sittings, as they may, from time to
time, think fit, and may, from time to time, adjourn for such time and to
such place as they may think fit.
2. The members of a tribunal shall have the powers of a judge of the High
Court to summon witnesses, and to call for the production of books and
documents, and to examine witnesses on oath, and no member shall be
liable to any action or suit for any matter or thing done by him or her as
such.
3. Any person whose conduct is the subject of inquiry by a tribunal shall be
entitled to, and any other person may by leave of the tribunal, be
represented by counsel at the whole of the inquiry.
4. Any witness who shall wilfully give false evidence in any such inquiry,
concerning the subject matter of such inquiry, shall be guilty of perjury,
and be liable to be prosecuted and punished accordingly.
5. All persons summoned to attend and give evidence or to produce documents or any other matter at any sitting of a tribunal, shall be bound
to obey the summons served upon them as fully, in all respects, as
witnesses are bound to obey subpoenas issued from the High Court, and

shall be entitled to the like expenses as if they had been summoned to
attend the High Court on a criminal trial, if the same shall be allowed by
the tribunal, but the tribunal may disallow the whole or any part of such
expenses in any case, if they think fit. Orders for the payment of such
witnesses shall be made, as nearly as may be, as orders are made for the
payment of witnesses at the High Court. Every person refusing or
omitting, without sufficient cause, to attend at the time and place
mentioned in the summons served on him or her, and every person
attending, but leaving the enquiry without the permission of the tribunal,
or refusing to answer, or to answer fully and satisfactorily to the best of
his or her knowledge and belief, all questions put to him or her by or with
the concurrence of the tribunal, or refusing or omitting, without sufficient
cause, to produce any documents or other matters in his or her possession
or under his or her control and mentioned or referred to in the summons
served on him or her, and every person who shall, at any sitting of a
tribunal, wilfully insult any member or servant of the tribunal or wilfully
interrupt the proceedings of the tribunal, is liable, on summary conviction,
to a penalty of $200.
6. No statement made by any person who is called as a witness before a
tribunal in answer to any question put by or with the concurrence of the
tribunal shall, except in cases of indictments for perjury, be admissible in
evidence in any civil or criminal proceeding.
____________
SCHEDULE 3
(Section 11)
Salaries of judges of Supreme Court
Chief Justice ................................................................... $235,800 per year
Justice of Appeal ............................................................ 196,560 per year
High Court Judge .......................................................... 163,800 per year

(S.I. 1 & 2/1975, S.I. (U.K.) 1983 No 1108, S.I. (MNI) 1/1985, S.I. (MNI) 1/1989, S.I.(MNI) 33/1995, S.I. (MNI) 1996, S.I. (MNI) 28/1993, S.R.O. 100/2000,
S.R.O. 7/2001, and substituted by S.I. (MNI) 3/2008 and amended by
S.R.O. 42/2012)
___________

SUPREME COURT OFFICES (SALARY, ALLOWANCES AND
CONDITIONS OF SERVICE OF JUDGES) ORDER
ARRANGEMENT OF ORDER
ORDER
1. Short Title
2. Interpretation
3. Amendment of Supreme Court Order
4. Residence
5. Travelling and duty allowance
6. Board and Lodging
7. Subsistence allowance
8. Entertainment allowance
9. Allowances free of Income Tax
10. Leave and leave passages
11. Levy
12. Pensions
SCHEDULE
_____________
SUPREME COURT OFFICES (SALARY, ALLOWANCES AND
CONDITIONS OF SERVICE OF JUDGES) ORDER – SECTION 11 (S.I.s (MNI) 2/1975, 1/1976, 1983, 1/1985, 1/1989, 27/1993, 28/1993 and 01/2008)
Commencement
[1 January 1974]
Short Title
1. This Order may be cited as the Supreme Court (Salaries, Allowances and
Conditions of Service of Judges) Order.
Interpretation
2. (1) In this Order—
“Court Order” means the Supreme Court Order (S.I. 1967 No. 223)
“judge” means any puisne judge appointed under the Supreme Court Order and
includes a justice of appeal and the Chief Justice;
(2) References in this Order to the Chief Justice, a justice of appeal, a puisne
judge or a judge shall be references to the Chief Justice, a justice of appeal, a puisne
judge or a judge, respectively, of the Eastern Caribbean Supreme Court, in Grenada
styled the Supreme Court of Grenada and the West Indies Associated States, and shall
include references to a person acting in the office of Chief Justice, a justice of appeal, a
puisne judge or a judge, respectively, of that Court.
(3) References in this Order to a State shall include references to Grenada.
Amendment of Supreme Court Order
3. (Spent)

Residence
4. (1) Each judge is entitled to be provided with a fully furnished residence free
of rent.
(2) The scale of furniture allotted to the judge’s furnished residence shall be
subject to the approval of the Chief Justice.
Travelling and duty allowance
5. (1) A judge is entitled to reimbursement by Government in respect of the
actual cost of travelling on duty between the State in which he or she that judge resides
and any place outside that State (including the cost of travelling, within any State,
between his or her place of residence and the place of embarkation and disembarkation,
as the case may be) by such means as may be approved by the Chief Justice.
(2) A judge shall be paid a travelling allowance at the rate of $700 a month.
(Amended by S.I. (MNI) 1/1976, 1/1985, S.I. 1/1989 7 , 28/1993)
Board and Lodging
6. A judge shall be reimbursed in respect of the actual cost of board and lodging
(including meals) while out of the State in which he or she resides on duty.
Subsistence allowance
7. (1) A judge resident in St. Kitts shall be entitled to a subsistence allowance of
$5 for each day or part of a day spent on duty in Nevis or Anguilla.
(2) The Chief Justice shall be entitled to a subsistence allowance of $150 and a
justice of appeal $100 for each day or part of a day spent on duty outside the
headquarters State.
(3) Subject to the provisions of subsections (4) and (5) of this section a puisne
judge shall be entitled to a subsistence allowance of $100 for each day or part of a day
spent on duty outside the State in which he or she resides.
(4) Where a judge is assigned for duty to a State other than the State in which
he or she resides for a period exceeding three months he or she shall not be entitled to
the subsistence allowance under the last foregoing paragraph unless he or she is
maintaining a home for himself or herself or his or her family in the State in which he
or she resides.
(5) Where a judge is assigned for duty to a State other than the State in which
he or she resides for a period exceeding six months and is entitled to subsistence
allowance under the provisions of paragraphs (3) and (4) of this section, the subsistence
allowance payable to him or her from the beginning of the seventh month shall be at
the reduced rate of $5 for each day or part of a day. (Amended by S.I. (MNI) 1/1985 and 1/2008)
Entertainment allowance
8. The Chief Justice shall be entitled to be paid an entertainment allowance at the
rate of $15,000 per annum, the Justices of Appeal at the rate of $12,000 per annum and
the Puisne Judges at the rate of $9,000 per annum.
(Amended by S.I.s (MNI, 1/1976, 1/1989, S.R.O. 28/1993 and substituted by S.I. 1/2008)
7 S.I. 1/1989 published in Gazette Notice. 6 of 1989 Notice No. 72

Allowances free of Income Tax
9. All allowances paid to a judge shall be free of income tax.
Leave and leave passages
10. (1) A judge is not entitled as of right to leave or leave passages.
(2) Leave is granted subject to the exigencies of the public service and the
sums payable in respect of leave passages may be modified from time to time
according to availability of public funds.
(3) The Chief Justice shall be entitled—
(a) to forty two days vacation leave annually and such leave may be accumulated up to a maximum of 168 days;
(b) to twenty four days departmental leave annually; and
(c) to twenty eight days sick leave annually.
(4) A judge other than the Chief Justice is eligible for forty two days vacation
leave annually of which not less than fourteen days must be taken annually either in
one period or in a series of periods according to the requirements of the Judicial and
Legal Services Commission; and such leave may be accumulated up to a maximum of
126 days.
(5) A judge is eligible for leave passages every four years which may be—
(a) a return air passage, twice during the period he or she holds the office of a judge, for himself or herself and his or her spouse and ½ the cost
of one adult return air passage in respect of his or her children to the
United Kingdom or to some other destination provided that the cost of
the passages to that destination does not exceed the cost of passages to
the United Kingdom; and
(b) on other occasions an amount to be spent on air passages, equal to 2½ times the cost of a return air passage to any destination in the
Caribbean specified for the purposes of this section by the Judicial and
Legal Services Commission.
(6) A judge is also eligible for passages on first appointment to the State to
which he or she is assigned for duty and for passages on retirement to his or her
country of origin or to another place of retirement provided that the cost involved does
not exceed the cost of passages to his or her country of origin. Passages on retirement
are normally only granted where a judge has completed three years of service since his
or her last overseas leave.
(7) Leave passages as prescribed by subsections (5) and (6) are provided for
the judge, his or her spouse and children who are under the age of eighteen years,
unmarried, and dependent upon him or her, provided that if—
(i) the cost of passages is limited to the equivalent of first class air travel;
and
(ii) the amount to be granted shall not exceed the cost of 2½ adult return
passages, at the rate prescribed in subparagraph (i) above—
(a) to the place where the leave is to be taken if the leave is taken within the territories covered by the jurisdiction of the Court,
Barbados, Jamaica and Trinidad;

(b) to the United Kingdom if the leave is taken outside the territories
covered by the jurisdiction of the Court, Barbados, Jamaica and
Trinidad.
Levy
11. The salary and pension of a judge, and any gratuity or pension payable to his or
her widow, shall not attract or be liable to income tax, levy, or any other charge. (Amended by S.I. (MNI) 38/1983 and substituted by 27/1993)
Pensions
12. In computing the pension of a judge who on retirement from the service holds
one of the offices mentioned in Schedule to this Order the additions in the said
Schedule mentioned shall be made to his or her period of service.
Provided that, no addition shall be made which together with the number of years of his
or her actual pensionable service amounts to more than 400 months.
____________
SCHEDULE
Chief Justice ten years
Justice of appeal seven years
Puisne judge five years.
_____________

SUPREME COURT OFFICES (SALARY AND ALLOWANCES
OF CHIEF REGISTRAR AND SECRETARY TO THE CHIEF JUSTICE)
ORDER
ARRANGEMENT OF ORDER
ORDER
1. Short title
2. Interpretation
3. Salary and Allowances of Chief Registrar
4. Salary and Allowances free of Income Tax
______________
SUPREME COURT OFFICES (SALARY AND ALLOWANCES OF CHIEF REGISTRAR AND
SECRETARY TO THE CHIEF JUSTICE) ORDER – SECTION 12
(S.R.O. 19/1987)
Commencement
[1 May 1987]
Short title
1. This Order may be cited as the Supreme Court Offices (Salary and Allowances
of Chief Registrar and Secretary to the Chief Justice) Order.
Interpretation
2. In this Order—
“Chief Registrar” means the person holding the office of Chief Registrar of the
Supreme Court established by section 12 of the Supreme Court Order and
includes any person performing the functions thereof under section 12(3);
“Secretary to the Chief Justice” means the person holding the office of Secretary to
the Chief Justice of the Supreme Court established by section 12 of the
Supreme Court Order and includes any person performing the functions thereof
under section 12(3).
Salary and Allowances of Chief Registrar
3. So long as the office of the Chief Registrar is held by a person who holds the
office of a Registrar of the High Court the holder shall be entitled to be paid an
allowance as additional salary in respect of his or her services as Chief Registrar at the
rate of $6,600 per year over and above his or her salary as Registrar of the High Court.
Salary and Allowances free of Income Tax
4. The allowance paid to the Chief Registrar under section 3 of this Order and the
salary paid to the Secretary to the Chief Justice in respect of his or her services in that
office shall be free of income tax or any other charge.
______________

SUPREME COURT (PRESCRIBED OFFICES) ORDER
ARRANGEMENT OF ORDER
ORDER
1. Citation
2. Prescribed Offices
_____________

SUPREME COURT PRESCRIBED OFFICES – SECTION 12
(S.R.O. 12/2001 and Gazette Notice 182 No. 11 of 2003)
Commencement
[1 July 2000]
Citation
1. This Order may be cited as the Supreme Court (Prescribed Offices) Order.
Prescribed Offices
2. There shall be the following prescribed offices of the Supreme Court—
(a) Court Administrator;
(b) Executive Assistant to the Chief Justice;
(c) Information Technology Manager;
(d) Judiciary Human Resources Administrator;
(e) Deputy Chief Registrar 11
.
(Amended by Gazette Notice 182 No. 11 of 2003) _____________
11
Inserted by Gazette Notice 182 No. 11 of 2003 - in force 1 st day of July 2003

SUPREME COURT (MASTERS) ORDER
ARRANGEMENT OF ORDER
ORDER
1. Citation
2. Interpretation
3. Establishment of the office of Master
4. Functions
5. Number of Masters
6. Variation of Number of Masters
7. Abolition of office only with consent of incumbent
8. Appointment of Masters
9. Discipline
10. Qualifications
11. Tenure of Office of Masters
12. Retirement
13. Pensions
14. Status of Acting Masters
15. Posting
16. Assignments
17. Salary
18. Housing Allowance
19. Travel Allowance
20. Accommodation
21. Telephone
22. Relocation Expenses
23. Vacation Leave
24. Medical Leave
25. Medical Fitness
26. Oaths
SCHEDULE 1: Housing Allowance
SCHEDULE 2: Travel Allowance


SUPREME COURT (MASTERS) ORDER – SECTION 12
(S.I (MNI) 4/2008 and S.R.O. 44/2012)
Commencement
[1 July 2008]
Citation
1. This Order may be cited as the Supreme Court (Masters) Order.
Interpretation
2. In this Order—
“Courts Order” means the Supreme Court Order (S.I. 1967 No. 223);
“Master” means the office established by section 3 and, where the context so admits,
includes the holder of the office and unless otherwise stated includes a person
appointed to act in the office;
“State” means—
(a) Antigua and Barbuda;
(b) Grenada;
(c) Saint Christopher and Nevis;
(d) Saint Lucia;
(e) Saint Vincent and the Grenadines;
(f) The Commonwealth of Dominica.
“Territory” means—
(a) Anguilla;
(b) Montserrat; and
(c) The British Virgin Islands.
Establishment of the office of Master
3. There is established as an office of the Supreme Court the office of Master of
the Supreme Court.
Functions
4. (1) A Master shall perform the duties and exercise the functions conferred
upon Masters by the Rules of Court made pursuant to section 17(1) and (2) of the
Courts Order.
(2) A Master may exercise such functions, as may be conferred upon Masters
in relation to any State or Territory, by any law in force in that State or Territory.
Number of Masters
5. There shall be three Masters. (Amended by S.R.O. 44/2012)

Variation of Number of Masters
6. The number of Masters may be varied by order of the Chief Justice made with
the concurrence of the Prime Ministers of all the States.
Abolition of office only with consent of incumbent
7. No office of Master shall, without the consent of the holder of the office, be
abolished while there is a substantive holder of that office.
Appointment of Masters
8. The appointment of Masters is provided for in section 12(2) of the Courts
Order.
Discipline
9. The discipline of Masters is provided for in section 12(2) of the Courts Order.
Qualifications
10. (1) A person shall not be qualified to be appointed as a master unless that
person—
(a) is qualified to practice as a barrister in a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in a
court having jurisdiction in appeals from such court and has so
practiced, for a period of or for periods amounting in the aggregate to
not less than seven years; or
(b) has been serving in the office of judge in such court for a period of or
for periods amounting in the aggregate to not less than seven years.
(2) For the purpose of subsection (1), a reference to a period or periods during
which a person has practiced as an advocate shall be construed as including periods
during which a person has served in a public office in some part of the
Commonwealth—
(a) in the office of magistrate;
(b) in the office of registrar of a court of unlimited civil and criminal jurisdiction in some part of the Commonwealth; or
(c) as an officer the functions of whose office includes appearing as an advocate in such court.
(3) For the purpose of subsection (1), a reference to a period or periods during
which a person has served in a court of unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or in a court having jurisdiction in appeals
from such a court shall be construed as including periods during which a person has
served—
(a) as case management master with functions comparable to those of a Master;
(b) as master with functions comparable to those of a Master.
Tenure of Office of Masters
11. (1) Subject to subsection (2), persons holding the office of Master, other than
acting Master, hold office until attaining the age of sixty five years.

(2) The Judicial and Legal Services Commission may remove a Master from
office for cause at any time.
(3) In subsection (2), “cause” means—
(a) inability to discharge the functions of the office, whether arising from—
(i) infirmity of body or mind,
(ii) failure in the due execution of the office,
(iii) having been placed, by his or her conduct or otherwise, in a
position incompatible with the due execution of the office, or
(iv) any other cause,
(b) misconduct.
Retirement
12. (1) A Master shall retire upon attaining the age of sixty five years.
(2) A Master may retire upon attaining an age that is less than sixty five years
where, the Master is eligible for retirement under the pension laws of the State or
Territory of which, by direction of the Chief Justice made pursuant to section 13(1) of
the Courts Order, the Master shall be deemed to be in the service for the purpose of the
grant of a pension.
Pensions
13. (1) A Master is entitled to pension in accordance with section 13 of the Courts
Order.
(2) The pensions of a Master shall not attract or be liable to income tax or any
other charge or levy.
Status of Acting Masters
14. (1) A person appointed by the Judicial and Legal Services Commission to act
as a Master shall, unless that person earlier resigns from the office or is removed from
the office by the Judicial and Legal Services Commission continue to act in that office
for the period, if any, for which that person was appointed or until a person has been
appointed to and assumed or has resumed the functions of that office, as the case may
be.
(2) Sections 11 and 13 shall not apply to a person appointed to act as a Master
in respect of that person’s acting appointment.
Posting
15. A Master shall reside in the State or Territory to which the Chief Justice, from
time to time, posts the Master.
Assignments
16. A Master shall serve the States or Territories that the Chief Justice, from time to
time, assigns to the Master.

Salary
17. (1) A Master shall be paid a salary equivalent to 85 percent of the salary
specified for a Puisne judge in Schedule 3 to the Courts Order, as amended from time
to time.
(2) The salary of a Master shall not attract or be liable to income tax or any
other charge or levy.
Housing Allowance
18. (1) Subject to subsection (2), a Master shall be paid the housing allowance in
Schedule 1 to this Order.
(2) If the Master is ordinarily resident in the State or Territory to which the
Master is posted, the Housing Allowance shall be 50% of the amount prescribed in
Schedule 1 for that State or Territory.
Travel Allowance
19. (1) A Master who owns a car shall be paid the travel allowance in Schedule 2
to this Order.
(2) A Master who does not own a car may, at the discretion of the Chief
Justice, be reimbursed transportation costs incurred within the State or Territory to
which the Master is posted, up to a maximum amount of the travel allowance specified
in Schedule 1 for that State or Territory.
Accommodation
20. (1) Subject to subsections (3), (4) and (5), a Master is entitled to be paid for
Master on duty outposted an accommodation and subsistence allowance based on the
United Nations Daily Subsistence Allowance.
(2) A Master may, at the discretion of the Chief Justice, be paid a
supplementary allowance where, for reasons beyond the control of the Master, the
actual costs of accommodation are significantly higher than the average hotel costs
used in calculating the daily accommodation component of the United Nations Daily
Subsistence Allowance.
(3) Where a Master’s travel on duty outside the State or Territory to which the
master is posted does not involve an overnight stay, the Master is entitled to be paid
forty percent of the accommodation and subsistence allowance.
(4) Where a Master on duty outside the State or Territory to which the master
is posted elects to stay in private accommodation, the Master is entitled to be paid 50%
percent of the accommodation and subsistence allowance.
(5) Where a Master on duty outside the State or Territory to which the Master
is posted—
(a) is accommodated free of charge by the Eastern Caribbean Supreme Court or by the Government of a State or Territory, the Master is
entitled to be paid 50% of the accommodation and subsistence
allowance;
(b) is accommodated and provided with meals free of charge by the Eastern Caribbean Supreme Court or by the Government of a State or Territory, the Master is entitled to be paid 20% of the subsistence
allowance.

Telephone
21. (1) A Master shall be provided with local residential telephone service at the
Master’s residence in the State or territory to which the Master is posted, at no cost to
the Master.
(2) A Master is entitled to be reimbursed for business related long-distance
telephone calls.
Relocation Expenses
22. Masters are entitled to have their personal effects and household goods moved,
at the expense of the Eastern Caribbean Supreme Court, from the State or Territory of
their former posting or their place of residence immediately prior to their appointment,
as the case may be, to the State or Territory of current posting, by packers, shippers and
freight forwarders selected by the Chief Justice.
Vacation Leave
23. (1) A Master is entitled to forty two calendar days vacation leave annually of
which not less than twelve must be taken annually either in one period or in a series of
periods according to the requirements of the Judicial and Legal Services Commission.
(2) Vacation leave may be accumulated up to a maximum of 120 calendar
days.
(3) Leave in excess of 100 and 120 calendar days is forfeited.
(4) There is no entitlement to remuneration for leave forfeited.
Medical Leave
24. A Master is entitled to two working days per month of uncertified medical
leave and to a reasonable period of certified medical leave annually.
Medical Fitness
25. A Master shall, before appointment, be certified by a medical practitioner, who
is duly registered in a State or Territory, as being in good health and free from any
ailment likely to adversely affect the discharge of the functions and duties of the office
of Master.
Oaths
26. A Master shall, before entering upon the functions of the office, take the oaths
set out in Schedule 1 to the Courts Order.
_____________

SCHEDULE 1

Housing Allowance EC$24,000 per year

_____________
SCHEDULE 2
TRAVEL ALLOWANCE

COLUMN 1 COLUMN 2
State or Territory to which Master
posted
Allowance
1. St. Lucia EC$6,960 per year
_____________

COURT OF APPEAL RULES
ARRANGEMENT OF ORDER
ORDER
1. Short Title
2. Application
Interpretation
3. Interpretation
PART 2
APPEALS GENERALLY
4. Forms in Appendices A and C to be used
5. Times of sittings and vacation
Days on which Central Registry is to be closed
Days on which sub Registries are to be closed
6. Notice of sittings
7. Right of audience
8. Register of appeals brought
9. Enlargement of time and departure from Rules
10. Service of documents
Waiver for non-compliance
11. Waiver for non-compliance with Rules
PART 3
CIVIL APPEALS FROM THE HIGH COURT
Notices of appeal cross-appeal and preliminary objection
12. [Revoked]
13. [Revoked]
14. [Revoked]
15. [Revoked]
16. [Revoked]
17. [Revoked]
18. [Revoked]
19. [Revoked]
Record
20. Evidence
21. Copies of proceedings in court below
22. Printing or typing of record
23. Copy of list of exhibits
24. [Revoked]
25. [Revoked]
26. [Revoked]


Applications
27. Applications to single Judge
28. Applications to Judge of court below
29. Mode of application
30. Appeal no stay except by order
31. Application for security for costs
32. Application for leave to appeal in forma pauperis
Hearing and Judgements
33. Dismissal of appeal in default of appearance
34. Application to re-enter appeal dismissed under rule 33
35. Non- appearance of respondent
36. Application to set aside ex parte judgement
37. Execution of judgement by court below
Fees and Costs
38. Court Fees
39. Legal practitioner’s fees
40. Fees of interpreters, commissioners etc.
41. [Revoked]
PART 4
APPEALS AGAINST CONVICTION ON INDICTMENT
Institution of Appeals
42. Obligation on appellant to fill up forms of appeal notices and answer question
thereon
43. Judge’s certificate under section 38(b) of the Act
44. Notices to be signed by appellant
Signature on notices of appellant and other notice
Service of documents on person in prison
Where appellant unable to write
Where question of insanity involved
Notice etc. on behalf of corporations
45. Time for appealing against conviction or sentence to run from sentence
46. Notice of application for extension of time for appealing
Copies of proceedings, etc.
47. Forwarding of proceedings in court below to Registrar
48. Records of summing-up
Shorthand note to be verified by the writer
Transcript to be furnished on application of Registrar
Verification of transcript for use of court
Party interested may obtain transcript
Party interested may obtain transcript from Registrar
Definition of “party interested”
Transcript of notes not to be supplied free except by order

Judge’s Report
49. Report of Judge of court below
50. Furnishing Judges of court below with materials for report
Copies of documents for use of Appellant or Respondent
51. How appellant or respondent may obtain from Registrar of court below
copies of documents or exhibits
Counsel and solicitor assigned to an appellant may receive copies of
documents and exhibits free on request
Appellant not legally represented may obtain copy of documents or exhibits
free
Conduct of Prosecution and Defence
52. 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
53. Lists of counsel and solicitors for the purposed of the Act
Legal aid to be proved for such lists
Proceedings before a single Judge
54. Procedure on decision of application to single Judge
Application not specially provided for, how made
Solicitor’s right of audience
55. Notice of application for leave to appeal deemed to be notice of appeal if
application granted
Suspension of Orders and Admission to Bail
56. When fine imposed on conviction to be retained pending appeal
Person in custody in default of payment of fine deemed to be person
sentenced to imprisonment.
Power of court of trial to impose recognizance
Appellant committing breach of recognizance
Repayment of fine on success of appeal
57. Temporary suspension of orders 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
Judges directions as to securing payment of money by convicted person
pending appeal
Suspension of order of destruction or forfeiture of property
Suspension of proceedings or claims consequent on conviction
Person affected may appear
58. Appellant and surety 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 o( his appeal.
Warrant for apprehension of appellant on bail. Criminal Form 14
Varying order for bail
Power to revoke order for bail
Provisions for sureties discharging their obligations
How appellant on bail to be dealt with on arrest at instance of sureties
Arrest and commitment of appellant to be notified to Registrar by clerk
Officer in charge of prison on commitment of appellant to notify Registrar
Abandonment of Appeal
59. Abandonment of appeal
Determination of Appeal
60. Varying order of restitution of property
61. Judgement of the Court
62. Notification on final determination of appeals
Notification of appeals in capital cases
63. Notification of results of appeal
Entry of decision of Court on records
64. Restrictions on issue of certificate of conviction
65. Return of original depositions, etc.
Procedure as to Witnesses before Court and their examination before examiner
66. Attendance of witness before the Court
Application to Court to 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 witnesses before examiner
Presence of parties at examination of witnesses
67. Proceedings on reference
Case stated or question of law reserved under section 56 of the Act
68. 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 56
of the Act
Duties of Registrar
69. Duties of Registrar with respect to notices of appeal. etc.
Costs in Criminal Appeals
70. Expenses payable to solicitor or counsel
71. Expenses of witnesses
72. Expenses of appearance of appellant

73. Expenses of examiner
74. Expenses of special commissioner or assessors
PART 5
APPEALS FROM DECISIONS OF COURTS OF SUMMARY JURISDICTION
75. Appeals from Summary Courts. Modifications of Rules
PART 6
CRIMINAL APPEALS FROM MAGISTRATES’ DECISIONS
76. Copies of notice and grounds of appeal
77. Copies of proceedings, etc.
PART 7
APPEALS (OTHER THAN CRIMINAL APPEALS) FROM MAGISTRATES’ DECISIONS
78. Preliminary objection by respondent
79. Evidence relating to preliminary objection
80. Amendment of grounds of appeal
81. Copies of notice and grounds of appeal
Appendices





COURT OF APPEAL RULES – SECTION 17
(S.R.O.s 5/1968, 11/1968, 2/1971 and S.I. (MNI) 3/1972)
Commencement
[1 July 1968]
PART 1
PRELIMINARY
Short title
1. These Rules may be cited as the Court of Appeal Rules. (Amended by S.R.O. 11/1968)
Application
2. These Rules shall apply to Montserrat. (Amended by S.R.O. 11/1968)

Interpretation
Interpretation
3. In these Rules unless it is expressly provided to the contrary or the context
otherwise requires—
“appellant” means the party appealing from a judgment, conviction, sentence or order
and includes his legal representative;
“the Act” means the Supreme Court Act (Cap. 02.01);
“Central Registry” means the Central Registry of the Court situate in St. Lucia;
“Chief Justice” means the Chief Justice of the Supreme Court;
“Court” means the Court of Appeal;
“court below” means the court from which the appeal is brought;
“Courts Order” means the Supreme Court Order
(S.I. 1967 No. 223);
“Deputy Registrar” means the Registrar of the High Court in his capacity as Deputy
Registrar of the Court of Appeal and includes any person lawfully exercising
the function of the office of Deputy Registrar.
“Director of Public Prosecutions” means the Director of Public Prosecutions of the
State in which the appeal is brought and, where the law of a State does not
provide for the office of Director of Public Prosecutions, include the Attorney
General of that State.,;
“file” means file in a Registry, and “filed” and “filing” have corresponding meanings;
“Government Gazette” means, in relation to a State the Gazette published by the authority of the Government of the State and includes any supplement thereto and any Gazette Extraordinary so published;
“High Court” means the High Court established by section 4 of the Courts Order;

“Judge” includes the presiding officer of any court from which an appeal lies to the
Court;
“legal representative” means any barrister, advocate, solicitor, attorney or legal
practitioner admitted to practise as such in any of the States whether or not he
has the right of audience in the Court;
“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 Her Majesty's Prisons in
the State in which the appeal is brought and includes his deputy or other officer
discharging his duties;
“proper officer of the court below” means the Registrar of the High Court in the
State in which the appeal is brought;
“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 Chief Registrar of the Supreme Court in his capacity of
Registrar of the 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 appeal means any party (other than the appellant) directly affected by the appeal;
(b) n a criminal appeal where the Crown is not an appellant, means the
person who under the provisions of any law of the State in which an
appeal is brought has the duty of appearing for the Crown or who
undertakes the defence of the appeal;
1 “State” means any of the following with its dependencies (if any), that is to say—
Antigua,
Dominica,
Montserrat,
Saint Christopher and Nevis,
Saint Lucia, and
Saint Vincent;
“sub-Registry” means a sub-Registry of the Court situate in a State;
“Supreme Court” means the Eastern Caribbean Supreme Court established by section
4 of the Courts Order. (Amended by S.R.O. 11/1968)
1 Wherever in the Rules reference it is made to “A State”, “the State”, “each State”, “any
of the States”, “the State in which the appeal is brought”, “the State in which the
appeal arises” or other similar expression, that reference shall, unless the context otherwise
requires, be deemed to be a reference to Montserrat. Save as mentioned above, the word
“State” shall have the meaning assigned to it in rule 3 of the Rules – S.R.O. 11/1968


PART 2
APPEALS GENERALLY
Forms in Appendices A and C to be used
4. The forms set out in Appendices A and C to these Rules, or forms as near
thereto as circumstances permit, shall be used in all cases to which such forms are
applicable.
Times of sittings and vacation
5. (1) Sittings of the Court shall be held at such times between the second day of
September and the twenty-second day of December and between the tenth day of
January and the first day of August in each year as the Chief Justice may direct.
(2) The Court will be in vacation from the twenty-second day of December to
the tenth day of January (both days inclusive) and from the first day of August to the
second day of September (both days inclusive) and between the Wednesday before and
the second Monday after Easter:
Provided that—
(i) in urgent cases applications may be heard and determined during
the vacations by the Court or a single Judge thereof;
(ii) the Chief Justice may direct any sitting of the Court to be held
during the vacations for the purpose of hearing criminal and civil
appeals.
(3) The Court will not sit on Sundays and will not sit in any State on days that
are public holidays in that State, and on such other days as the Chief Justice may direct. (Amended by S.I. (MNI) No 3/1972)
Days on which Central Registry is to be closed
(4) The Central Registry of the Court shall be open on every day of the year except Sundays, Good Friday, Easter Eve, Monday and Tuesday in
Easter week, Corpus Christi, Whit Monday, Christmas Day and the next following
working day, and all other days appointed to be observed as public holidays in the State
of St. Lucia, from the hours of 9 a.m. to 4 p.m. except Saturdays when the offices of
the Registry will be closed at 12 noon.
Days on which sub Registries are to be closed
(5) The sub-Registry of the Court shall be open on every day of the year except
the days on which the Registry of the High Court is closed. (Amended by S.R.O. 11/1968)
Notice of sittings
6. (1) Notice of each sitting shall be published by the Registrar of the Court in the
Government Gazette of the State in which each appeal arose at least one week before the date appointed for the commencement of the sitting.
(2) The Deputy-Registrar shall on the publication of the said notice in the
Government Gazette post up on the notice board of the Court the cause list of the sitting:

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.
Right of audience
7. (1) In all proceedings before the Court, the parties may appear in person or be
represented on appeal by any person who is entitled to practise as a barrister in
Montserrat or the State in which the appeal is being heard.
(2) In all proceedings before the Registrar or the Registrar of the court below,
and in all preliminary and interlocutory proceedings and applications except such as are
heard before the Court, the parties thereto may be represented and appear by a barrister
or by a solicitor entitled to practise in Montserrat or the State in which the proceedings
is being heard. (Amended by S.R.O. 11/1968)
Register of appeals brought
8. (1) The Registrar and the Deputy Registrar in each State shall keep separate
registers of all civil and criminal appeals brought before the Court including in the
criminal appeal register notices of applications 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.
Enlargement of time and departure from Rules
9. Subject to the provisions of section 47(2) of the Act (relating to the time within
which an appeal may be brought in a capital case), the Court may enlarge or abridge
the time appointed by these Rules, or fixed by an order enlarging time, for doing any
act or taking any proceeding, upon such terms (if any) as the justice of the case may
require, and any such enlargement may be ordered although the application for the
same is not made until after the expiration of the time appointed or allowed, or the
Court may direct a departure from these Rules in any other way where this is required
in the interests of justice. (Amended by S.R.O. 11/1968)
Service of documents
10. 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
executed by leaving a true copy thereof in the manner specified in the second column:-


Column 1 Column 2
(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.
by personal service on the
party or his authorised
agent, or on the person not a
party.
(b) All documents required to be
served on parties
who have an
address for
service.

by leaving the document at
the address for 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
ordinary course of post.
(2) If it be 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.

Waiver for non-compliance
Waiver for non-compliance with Rules
11. 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 direction given by the Court under this rule where the
appellant was not present at the time when such directions were given.

PART 3
CIVIL APPEALS FROM THE HIGH COURT
Notices of appeal cross-appeal and preliminary objection
12. Revoked [S.R.O. 2/1971].
13. Revoked [S.R.O. 2/1971].
14. Revoked [S.R.O. 2/1971].
15. Revoked [S.R.O. 2/1971].
16. Substituted by S.R.O. 11/1968 and Revoked [S.R.O. 2/1971].
17. Revoked [S.R.O. 2/1971].
18. Revoked [S.R.O. 2/1971].
19. Revoked [S.R.O. 2/1971].

Record
Evidence
20. 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 of the court below, 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.
Copies of proceedings in court below
21. (1) Where any notes of proceedings whether in shorthand or longhand have
been taken by a person employed by in 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 of the court below on payment of the fees prescribed in
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
of the court below 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.
Printing or typing of record
22. (1) Every document or paper required by these Rules to be filed or left with the
Registrar or the Registrar of the court below 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 or the Registrar of the court below may refuse to file or
receive any document not strictly conforming to the requirements of paragraph (1) of
this rule and the Court may disallow the costs of any such document which has been so
filed or received.
Copy of list of exhibits
23. (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 the 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 Deputy Registrar in the
State in which the appeal is to be heard and shall remain in the custody of the Court
until the determination of the appeal:
Provided that the Deputy 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.
24. Revoked [S.R.O. 2/1971].
25. Revoked [S.R.O. 2/1971].
26. Revoked [S.R.O. 2/1971].

Applications
Applications to single Judge
27. (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 costs to be occasioned by any appeal;
(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 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 the Court having power to hear and
determine the appeal.

Applications to Judge of court below
28. (1) 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.
(2) The Deputy Registrar or the Registrar of the court below shall send to the
Registrar one copy of any application heard by a Judge of the court below and of the
order made thereon.
(3) Every order made by a Judge of the court below in the pursuance of this
rule may be discharged or varied by the Court.
Mode of application
29. (l) An application for leave to appeal in forma pauperis may be made ex parte
by affidavit containing the grounds of the application, the matters referred to in
paragraph (l)(a) of rule 32, and the order asked for.
(2) Any other application under these Rules shall be made by way of summons
or motion on notice. 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.
(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.
Appeal no stay except by order
30. (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 time 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.
Application for security for costs
31. (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 costs.

Bond Civil Form 10
(4) A bond with sureties for securing the costs of an appeal shall be in Civil
Form 10.
Application for leave to appeal in forma pauperis
32. (1) An application for leave to appeal in forma pauperis shall be accompanied by—
(a) an affidavit stating
(i) that the appellant is not worth $120 excepting his wearing apparel
and tools of trade and his interest in the subject matter of the
intended appeal;
(ii) that his usual income from all sources does not exceed $10 a
week:
(b) by 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 Judgements
Dismissal of appeal in default of appearance
33. 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.
Application to re-enter appeal dismissed under rule 33
34. 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: 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.
Non- appearance of respondent
35. If the respondent fails to appear when the appeal is called on for hearing the
Court may proceed to hear the appeal ex parte.
Application to set aside ex parte judgement
36. (1) Where an appeal has been heard ex parte under rule 35 of these Rules and
any judgment has been given therein ex parte 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.
Execution of judgement by court below
37. A certificate under the seal of the Court and the hand of the Registrar setting
forth the judgment of the Court shall be transmitted to the Registrar of the High Court
who shall file the same in the Registry of that Court and the judgment shall be enforced
by the High Court.

Fees and Costs
Court Fees
38. (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, and shall be
paid in stamps.
(2) Where an appeal is brought by or against a State or any person who sued or
was sued on behalf of a State no fees shall be payable by such State or person under
Part 1 of Appendix D:
Provided that a judgment in favour of such State or person whether as
appellant or respondent for costs to be paid by any other party to the appeal shall,
unless the Court otherwise orders, include the amount of any fees which would have
been payable if the appeal had been brought by or against a private person.
Legal practitioner’s fees
39. (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 expenses as shall appear to him to have been
necessary or proper for the attainment of justice or for 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 over-caution, 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 2 of Appendix B.
(2) In taxing party and party costs, 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 fees of more than one counsel in unopposed matters and in matters in which counsel has not appeared
on the other side;

(b) in any matter which does not conclude upon the first day, reasonable
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 2 of Appendix B and in particular in the taxation of solicitor and client bills of
costs, where strict adherence to such provisions would be inequitable.
Fees of interpreters, commissioners etc
40. The fees and allowances to be charged and allowed for interpreters, witnesses,
special commissioners, assessors and examiners shall be those from time to time in
force in the High Court in the State in which the appeal arises.
41. Revoked [S.R.O. 2/1971]
PART 4
APPEALS AGAINST CONVICTION ON INDICTMENT
Institution of Appeals
Obligation on appellant to fill up forms of appeal notices and answer question
thereon
42. A person desiring to appeal to the Court against conviction 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 I 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 rule 11 of these Rules. 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.
Judge’s certificate under section 38(b) of the Act
43. (1) The certificate of the Judge of the court below under section 38(b) 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 38(b) of the Act and may give to such person a certificate to that effect in the Form 3 in Appendix C.
(Amended by S.R.O 11/1968)
Notices to be signed by appellant
44. (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.

Signature on notices of appellant and other notice
Any other notice required or authorised to be given by the Act or these Rules shall
be in writing and signed by the person giving the same or by his legal representative.
All notices required or authorised to be given shall be addressed to the Registrar of the
Court.
Service of documents on person in prison
(2) Where an appellant or applicant is a prisoner 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.
Where appellant unable to write
(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.
Where question of insanity involved
(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.
Notice etc. on behalf of corporations
(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.
Time for appealing against conviction or sentence to run from sentence
45. 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 or his sentence.
shall commence to run from the day on which the court of trial shall have passed
sentence or pronounced final judgment upon him.
Notice of application for extension of time for appealing
46. An application to the Court for an extension of time within which notices may
be given, shall be in 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.


Copies of proceedings, etc.
Forwarding of proceedings in court below to Registrar
47. (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 the Act such notice shall be given, or when the Governor, or the
Administrator (as the case may be) shall exercise his powers under the Act to refer a
case to the Court of Appeal, shall require the Registrar of the court below to furnish
him with 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. The Registrar of the
court below shall also forward 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 of the court below 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—
(a the indictment or inquisition 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.
Records of summing-up
48. (1) Where under any law in force or by direction of the Judge of the court
below, notes in longhand or shorthand or typewritten or by any other means have been
taken of the summing up or direction of the Judge and of 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 no record exists of the summing-up or direction given by the Judge
of the court below, his statement giving his recollection of the summing up or direction
shall be accepted as accurate unless the Court sees reason to the contrary.
Shorthand note to be verified by the writer
(3) The shorthand writer shall sign the shorthand notes 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 of the court below shall, either specially or generally,
direct.
Transcript to be furnished on application of Registrar
(4) The shorthand writer shall, on being directed by the Registrar of the court
below, 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.
Verification of transcript for use of court
(5) 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 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.
(6) 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 furnish to the Registrar of the
court below his notes of the trial or such part thereof as may be required for such
purpose.
Party interested may obtain transcript
(7) 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 of the court below
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 notes of any such trial or other
proceedings, on payment to the proper officer of the court below of such fees as may be
prescribed by rules of court in the State in which the trial or other proceedings have
taken place for copies of proceedings required on appeal in any criminal cause or
matter.
Party interested may obtain transcript from Registrar
(8) A party interested in an appeal under the Act may obtain from the Registrar
of the court below a copy of the transcript of the whole or of any part of such shorthand
note as relates to the appeal on payment to the proper officer of the court below of such
fees as may be prescribed by rules of court in the State in which the appeal is brought
for copies of proceedings required on appeal in any criminal cause or matter.
Definition of “party interested”
(9) For the purposes 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.

Transcript of notes not to be supplied free except by order
(10) 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 or solicitor assigned to him under the Act.

Judge's Report
Report of Judge of court below
49. (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 Registrar.
(2) The report of the Judge shall be made to the Court, and, the Registrar shall,
on request, furnish a copy thereof to the appellant and to the respondent.
Furnishing Judges of court below with materials for report
50. When the Registrar requests the Judge of the court 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
How appellant or respondent may obtain from Registrar of court below copies of
documents or exhibits
51. (l) 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 the
solicitor or other person representing either of them, may obtain from the Registrar of
the court below copies of any documents (other than notes of proceedings) or exhibits
in his possession under the said Act or these Rules for the purposes of such appeals.
Such copies shall be supplied by the said Registrar on payment to the proper officer of
the court below of such fee as may be prescribed by rules of court in the State in which
the appeal is brought for copies of proceedings required on appeal in any criminal
cause or matter.
Counsel and solicitor assigned to an appellant may receive copies of documents
and exhibits free on request
(2) Where solicitor and counsel, or counsel only, are assigned to an appellant
under the Act, copies of any such documents or exhibits 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.
Appellant not legally represented may obtain copy of documents or exhibits free
(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
Registrar to notify Director of Public Prosecutions or prosecutor, if a private
person, of receipt of notice of appeal
52. (1) 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, enquire if he intends to defend the appeal and, if the answer is in the negative, so inform the Director of
Public Prosecutions.
Prosecutor to afford all information, documents, etc. to Registrar and Director of
Public Prosecutions
(2) It shall be the duty of a prosecutor, who declines to defend an appeal, and
of his counsel or solicitor, 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
Lists of counsel and solicitors for the purposes of the Act
53. (1) The Registrar shall cause to be prepared in such form as he thinks most
convenient for each State a separate list of counsel who are willing to act as counsel for
appellants if and when nominated under the Act.
(2) The Registrar shall also cause to be prepared in such form as he thinks most
convenient a list of solicitors who are willing to act as solicitors on behalf of appellants
if and when nominated so to do under the Act.
Legal aid to be provided from such lists
(3) 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 only, or counsel and solicitor, shall be assigned or otherwise as it may
think right.
(4) The Registrar shall thereupon, subject to any special order of the Court,
select from such lists or otherwise a counsel and a solicitor or a counsel only 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 and
solicitor, if any, who represented the appellant at his trial and the nature of the appeal.


Proceedings before a single Judge
Procedure on decision of application to single Judge
54. (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 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 duly constituted as
aforesaid and is not legally represented he may, if the Court give him leave, be present
at the hearing and determination by the Court of his said application or applications:
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 Form 6 and returns it within the prescribed
time to the Registrar 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.
Application not specially provided for, how made
(3) Except where otherwise provided in these Rules, any application to the
Court may be made by the appellant or 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.
Solicitor’s right of audience
(4) Save as is otherwise provided in sub-paragraph (b) of this paragraph the parties to the following matters may be represented and appear by a solicitor alone
(a) in all proceedings before a Judge of the Court in the exercise of his jurisdiction—
(i) to give leave to appeal;
(ii) to extend the time within which notice of appeal or of an
application for leave to appeal may be given;
(iii) to assign legal aid to an appellant;
(iv) to allow the appellant to be present at any proceedings where he is
not entitled to be present without leave; or
(v) to admit an appellant to bail;

(b) in all preliminary and interlocutory proceedings and applications
except such as are heard before the Court.
Notice of application for leave to appeal deemed to be notice of appeal if
application granted
55. 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 Orders and Admission to Bail
When fine imposed on conviction to be retained pending appeal
56. (1) Where a person has, on his conviction, been sentenced to payment of a fine,
and in default of payment to imprisonment, the person lawfully authorised to receive
such fine shall, on receiving the same, retain it until the determination of any appeal in
relation thereto.
Person in custody in default of payment of fine deemed to be person sentenced to
imprisonment.
(2) If such person remains in custody in default of payment of the fine, he shall
be deemed, for all purposes of the Act or these Rules, to be a person sentenced to
imprisonment.
Power of court of trial to impose recognizance
(3) 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 of the court below, or as the Court may then
order. The recognizances under this rule shall be in Forms 7 and 8 in Appendix C.
The Registrar of the court below shall forward the recognizances of the appellant
and his surety or sureties to the Registrar of the Court.
Appellant committing breach of recognizance
(4) If an appellant to whom paragraph (3) 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 or sentence, the Registrar of the court
below 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 tor estreating recognizances under the law of the State in which
the appeal is brought, 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 fit.

Repayment of fine on success of appeal
(5) An appellant who has been sentenced to the payment of a fine, and has paid
the said 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.
Temporary suspension of orders made on conviction as to money, awards, costs,
etc.
57. (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 for leave to appeal is given within fourteen days from and after the date
of the pronouncement of sentence 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 or may vary such order, and such order, if
annulled, shall not take effect, and, if varied, shall take effect as so varied.
The proper officer of the court below shall keep a record of any orders to which
this rule refers.
Suspension of disqualifications consequent on conviction
(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.
Judge’s directions as to property of convicted person pending 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 possession of
the prosecution for the period of fourteen days, or in the event of an appeal, until the
determination thereof by the Court. The proper officer of the court below shall keep a
record of any directions given under this rule.
Judges directions as to securing payment of money by convicted person pending
appeal
(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 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.
Suspension of order of destruction or forfeiture of property
(5) Where on a conviction any property, matters or things, the subject of the
prosecution or connected therewith, are to be or may be ordered to be destroyed or
forfeited under the provisions of any rule, regulations, statute, 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 shall be further suspended until
the determination thereof by the Court.
Suspension of proceedings or claims consequent on conviction
(6) Where, upon conviction of any person of any offence, any claim may be
made or any proceedings may be taken under any rule, regulations, statute 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 nor in the event of an appeal to the
Court until the determination thereof.
Person affected may appear
(7) Any person affected by any orders which are suspended under the 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.
Appellant and surety recognizances before whom to be taken
58. (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 or sureties (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.
Appellant and prison officer to receive notice of terms of bail
(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 Deputy Registrar of the Court.
Form of recognizances
(4) The recognizances provided for in this rule shall be in Forms 11 and 12 in Appendix C.

Registrar on receiving recognizances in due form to notify officer of prison to
release appellant.
(5) The Deputy Registrar, on being satisfied that the recognizances of the
appellant and his surety or sureties (if any) are in due form and in compliance with the
order of the Court admitting the appellant to bail shall forward the recognizances of the
appellant and his surety or sureties to the Registrar and shall send in Form 13 in
Appendix C a notice to the officer or 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.
Presence of appellant on bail at hearing of his appeal. Warrant for apprehension
of appellant on bail. Criminal Form 14
(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 inform
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.
Varying order for bail
(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 an 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.
Power to revoke order for bail
(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, and the manner of such estreat shall be similar to that provided under the law
of the State in which the appeal is brought.
Provisions for sureties discharging their obligations
(10) Where the surety or sureties for an appellant 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 the State, 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 judicial 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.

How appellant on bail to be dealt with on arrest at instance of sureties
(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 persons 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.
Arrest and commitment of appellant to be notified to Registrar by clerk
(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.
Officer in charge of prison on commitment of appellant to notify Registrar
(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 it shall think right.
Abandonment of Appeal
Abandonment of appeal
59. (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 44, the
Registrar shall give notices thereof in Form 16 in appendix C to the respondent, the
Prison Authority and the Registrar of the court below, and in the case of an appeal
against a conviction involving a sentence of death, shall in like manner give notice to
the Governor, or the Administrator as the case may be, and the Registrar shall also
return to the Registrar of the court below any original documents and exhibits received
from him.


Determination of Appeal
Varying order of restitution of property
60. 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 Court of an appeal against the conviction on which such order of
restitution was made, be entitled to be heard by the Court before any order annulling or
varying such order of restitution is made.
Judgement of the Court
61. 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 on 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.
Notification on final determination of appeals
62. (l) 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.
Notification of appeals in capital cases
(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 Governor or the Administrator, as the case
may be, and to the Prison Authority, and on the final determination of any such appeal
by the Court shall forthwith notify the appellant, the Governor or the Governor-
General, as the case may be, the respondent and the Prison Authority.
Notification of results of appeal
63. (1) The Registrar at the final determination of an appeal shall notify in such
manner as he thinks most convenient to the Registrar 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.
Entry of decision of Court on records
(2) The Registrar of the court below shall on receiving the notification referred
to in this rule enter the particulars thereof on the records of such Court.
Restrictions on issue of certificate of conviction
64. 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.

Return of original depositions, etc.
65. Upon the final determination of an appeal for the purposes of which the
Registrar has obtained from the Registrar of the court below any original depositions,
exhibits, information, inquisition, plea, or other documents usually kept by such
Registrar, or forming part of the record of the court below, the Registrar shall, where
practicable, cause the same to be returned to the Registrar of the court below.
Procedure as to Witnesses before Court and their examination before examiner
Attendance of witness before the Court
66. (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.
Application to Court to hear witnesses
(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.
Order appointing examiner
(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.
Furnishing examiner with exhibits etc. necessary for examination
(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.
Notification of date of examination
(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.
Evidence to be taken on oath
(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.
Deposition of witness - how to be taken
(7) The examination of every such 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 deposition.

Expenses of witnesses before examiner
(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.
Presence of parties at examination of witnesses
(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.
Proceedings on reference
67. 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 special commissioner the same shall
be referred, shall be specified in such order. The Court may in such order, or by giving
directions as and 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 or question of law reserved under section 56 of the Act
Judge to forward special case to Registrar and copies to be supplied to appellant
and respondent
68. (1) Where in pursuance of section 56 of the Act a Judge of the High Court
states a case or reserves a question of law for the consideration of the Court in respect
of a person convicted on indictment before him, he shall forward such case to the
Registrar who shall on receiving the same send a copy thereof to the appellant and
respondent respectively.
These Rules to apply to convicted persons where case stated under section 56 of
the Act
(2) Where under the provisions of section 56 of the Act a 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 the
Regulations:
Provided however, that in these circumstances the Registrar shall not be
empowered to refer the case stated to the Court for summary determination.
(3) Where a case is stated or a question of law reserved for consideration of the
Court under section 56 of the Act and rule 69 (1) of these Rules shall apply. (Amended by S.R.O. 11/1968)


Duties of Registrar
Duties of Registrar with respect to notices of appeal. etc.
69. Subject to the provisions of rule 68 (1) the Registrar shall take all necessary
steps for obtaining a hearing under section 37 to 60 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) The Registrar shall furnish the necessary forms and instructions in relation
to notices of appeal or notices of application under section 36 to 60 of the Act to any
person who demands the same, and to officers of courts, the Prison Authority and such
other officers or persons as he thinks fit, and the Prison Authority shall cause these
forms and instructions to be placed at the disposal of prisoners desiring to appeal or to
make any application under section 36 to 60 of the Act and shall cause any such notices
given by a prisoner in his custody to be forwarded on behalf of the prisoner to the
Registrar.
(3) Other duties of the Registrar are set out in section 53 of the Act. (Amended by S.R.O. 11/1968)

Costs in Criminal Appeals
Expenses payable to solicitor or counsel
70. The expenses of any solicitor or counsel assigned to an appellant by the Court
in criminal appeals shall be allowed as follows:
In respect of:
(a) a notice of appeal or application for leave to appeal; or
(b) a notice of application for extension of time within which to appeal
A fee not exceeding $15.12 for a solicitor and $25.20 for counsel.
In respect of any appeal—
A fee not exceeding $50.40 for a solicitor and a fee for counsel not
exceeding $75.60:
Provided that the Court, after the conclusion of the appeal, may, if it
thinks fit, certify that the case was one of exceptional length or
difficulty and thereupon the fee may be increased to such sum as the
Court, having regard to the length and difficulty of the case, may
direct, but not exceeding $100.80 for a solicitor and $151.20 for
counsel.
In addition to such fee as aforesaid, counsel and solicitor may be allowed, subject to
taxation, such travelling expenses as have been actually and reasonably incurred.
Expenses of witnesses
71. The expenses of any witnesses attending on the order of the Court or examined
in any proceedings incidental to the appeal shall be allowed at the same rate as those of a witness in a case of felony tried at the Criminal Sessions of the State where the Court
is sitting.

Expenses of appearance of appellant
72. The expenses of the appearance of an appellant not in custody on the hearing of
his appeal or on any proceeding preliminary or incidental to the appeal may be allowed
at the same rate as those of an ordinary witness in a case of felony tried at the Criminal
Sessions of the State where the Court is sitting.
Expenses of examiner
73. Where any examination of witnesses is conducted by a person appointed by the
Court for the purpose, the person so appointed shall be allowed if he be a Magistrate or
other person in the service of a State, the actual expenses of travelling, the actual cost
of hiring a room for the examination, if no court or public room is available, and such
other incidental expenses as in the opinion of the Court are necessarily and reasonably
incurred. If the person appointed is not a Magistrate or other such person he shall be
allowed such expenses as aforesaid, and in addition such fee, not exceeding $50.40 a
day, as the Court may allow.
Expenses of special commissioner or assessors
74. Where any question is referred to a special Commissioner or appointed by the
Court, or where any person is appointed as assessor to the Court, he shall be allowed
such fee as the Court, having regard to his qualifications and ordinary professional
remuneration, may think reasonable, not exceeding $50.40 a day.
PART 5
APPEALS FROM DECISIONS OF COURTS OF SUMMARY JURISDICTION
Appeals from Summary Courts. Modifications of Rules
75. (1) The provisions of Parts I, II and III of these Rules shall apply mutatis mutandis to appeals from decisions of the Court of Summary Jurisdiction established by the laws of the States of Antigua, Dominica and St. Christopher-Nevis respectively
subject to the following modifications.
(2) References to the Registrar of the High Court shall include the Registrar of
the High Court in his capacity of clerk of the Court of Summary Jurisdiction.
(3) In Order 64, rule 5 of the Rules of the Supreme Court (time limits for
appealing) the words “four weeks” shall be substituted for the words “six weeks”.
(4) Rule 19 (settling the record) shall not apply.
(5) Omitted
(6) In taxing party and party costs the Taxing Officer shall not, unless the
Court when awarding costs orders otherwise, allow more than $120in respect of
counsel.
(7) In sub-rule (I) of rule 38 (Court fees) the words “Appendix D” shall be
substituted for the words “Appendix B”; and in sub-rule (2) thereof the words
“Appendix D” shall be substituted for the words “Part 1 of Appendix B”.
(8) The provisions of this Part shall not apply to a State where it is provided by
the law of that State that the Court of Summary Jurisdiction shall be presided over by a
Magistrate.

PART 6
CRIMINAL APPEALS FROM MAGISTRATES’ DECISIONS
Copies of notice and grounds of appeal
76. (1) Where the appellant under any law regulating appeals from magistrates
gives a written notice of his intention to appeal, five copies thereof shall also be filed
by him for the use of the Judges of the Court and the Director of Public Prosecutions or
other respondent.
(2) Together with the grounds of appeal required to be filed by such law, four
copies thereof shall also be filed by the appellant for the use of the Judges of the Court
and the Director of Public Prosecutions or other respondent.
Copies of proceedings, etc,
77. Five copies of the proceedings and of the notes of evidence for the use of the
Judges of the Court and the Director of Public Prosecutions or other respondent, shall
be provided by the clerk of the Magistrate' s Court from which the appeal is taken, and
shall be forwarded by him together with the copies of the notice of appeal if any, and of
the grounds of appeal, to the Registrar with the record.
PART 7
APPEALS (OTHER THAN CRIMINAL APPEALS) FROM MAGISTRATES’ DECISIONS
Preliminary objection by respondent
78. Upon receiving the documents directed to be transmitted by law regulating
appeals from magistrates, the Registrar shall forthwith, by notice in writing, require the
respondent to draw up and lodge with him for the information of the Court and the
appellant, a written statement of any preliminary objections he may propose to take to
the hearing of the appeal. A copy of the said statement shall be sent by the respondent
to the appellant not later than 3 clear days before the day of hearing of the appeal. Any
failure on the part of the respondent to comply with this rule may render him liable to
be deprived of his costs or part thereof.
Evidence relating to preliminary objection
79. Evidence relating to a preliminary objection shall ordinarily be by affidavit, but
the Court may in its discretion hear oral evidence in lieu of or in addition to written evidence.
Amendment of grounds of appeal
80. Grounds of appeal may be amended at any time upon such terms as the Court
shall think just.
Copies of notice and grounds of appeal
81. (1) Where the appellant under any law regulating appeals from magistrates
gives a written notice of appeal, four copies thereof shall also be filed by him for the
use of the Judges of the Court.
(2) Together with the grounds of appeal required to be filed by such law 4 copies thereof shall also be filed by the appellant for the use of the Judges of the Court.

Made this 15th day of February, 1968.
ALLEN LEWIS
Chief Justice.
K. L. GORDON
Justice of Appeal.
P. CECIL LEWIS
Justice of Appeal.
_____________




APPENDIX
CIVIL FORMS
INDEX TO FORMS

FORM
NO
APPEAL RULES
NO.
DESCRIPTION OF FORMS
1 Notice of Appeal.
2 Notice of Motion for special leave to appeal.
3 Application by Respondent for leave to appeal.
4 Notice by Respondent of intention to contend that
decision of Court below be varied.
5 Notice by Respondent of intention to rely upon
preliminary objection.
6 Summons to Parties by Registrar to settle Record.
7 Affidavit of Service of Notice of Appeal.
8 Notice to the parties of filing of reward and of
selling down of Appeal for hearing.
9 Notice of Withdrawal of Appeal.
10 31(4) Bond for Costs on Appeal.
11 37 Certificate of the Order of the Court.
12 Notice of Taxation.

CIVIL FORM 1
IN THE COURT OF APPEAL
Notice of Appeal
MONTSERRAT
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 the 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.
2. (Insert here whole or part of decision complained of)
3. Grounds of Appeal.
(1)
(2)
(3), etc.
4. (Insert here the relief sought from the Court of Appeal)
5. Persons directly affected by the appeal:

Name Address
(1)
(2)
(3), etc.

DATED this ..................... day of ..................... 20........ ..

…………………………………..,
Appellant(s)
or Solicitor for the Appellant(s).
___________ “Strike out words inapplicable.
If appealing against the whole decision insert “Whole decision”.
_____________________

CIVIL FORM 2
IN THE COURT OF APPEAL
Notice of Motion for Special Leave to Appeal

MONTSERRAT

Civil Appeal No. of 20 ..........

Between
............................................................................ (Plaintiff/Defendant)* Appellant(s)
and
........................................................................ (Plaintiff/Defendant)* Respondent(s)
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..........
………………………………….
Applicant or his Solicitor.

To
The Registrar
Court of Appeal.

And #...............................................................................................................

____________ *Strike out words inapplicable. # Insert name of respondent.
_____________

CIVIL FORM 3
IN THE COURT OF APPEAL
Application by Respondent for Leave to Appeal

MONTSERRAT

Civil Appeal No. of 20 ..........

Between
............................................................................ (Plaintiff/Defendant)* Appellant(s)
and
........................................................................ (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that upon the hearing of the application 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.

____________ *Strike out words inapplicable
#State the variation which will be asked for.
_____________

CIVIL FORM 4
IN THE COURT OF APPEAL
Notice by Respondent of Intention to Contend that Decision of Court Below be Varied
MONTSERRAT

Civil Appeal No. of 20 ..........

Between
............................................................................ (Plaintiff/Defendant)* Appellant(s)
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 the Registrar.

____________ *Strike out words inapplicable.
#State the variation which will be asked for.
_____________

CIVIL FORM 5
IN THE COURT OF APPEAL
Notice by Respondent of Intention to Rely upon Preliminary Objection
MONTSERRAT

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 6
IN THE COURT OF APPEAL
Summons to Parties by Registrar to Settle Record

MONTSERRAT

Civil Appeal No. of 20 ..........

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 .............................. on ………………………………....
the …………………………..day of .................................................. 20…………….....
at the hour of…………….in the ……………..……………..noon to settle the record
of the appeal herein.



DATED this ..................... day of ..................... 20.........
…………………………………………..
Registrar




TO:




____________ *Strike out words inapplicable.
_____________


CIVIL FORM 7
IN THE COURT OF APPEAL
Affidavit of Service of Notice of Appeal

MONTSERRAT

Civil Appeal No. of 20 ..........

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 1968.

Sworn to at the ................................................... (address)
on the ........................................................................
day of ………………………………………........... 
Before me
…………………………………..
Commissioner of Affidavits.

This affidavit is filed on behalf of ...................................................

____________ *Strike out words inapplicable.
_____________

CIVIL FORM 8
IN THE COURT OF APPEAL
Notice to the Respondent of Filing of Record and of
Setting Down of Appeal for Hearing

MONTSERRAT

Civil Appeal No. of 20 ..........

Between
............................................................................ (Plaintiff/Defendant)* 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 the Court of Appeal Rules, and that I have
set down the appeal for hearing before the Court of Appeal.
DATED this ..................... day of ..................... 20........
…………………………..
Registrar.
To the Appellant, Respondent, etc.
______________ *Strike out words inapplicable.
_____________


CIVIL FORM 9
IN THE COURT OF APPEAL
Notice of Withdrawal of Appeal

MONTSERRAT

Civil Appeal No. of 20 ..........

Between
............................................................................ (Plaintiff/Defendant)* Appellant(s)
and
........................................................................ (Plaintiff/Defendant)* Respondent(s)

TAKE NOTICE that the Appellant(s) herein intend(s) and doth hereby wholly
withdraw his/their appeal against (all) the Respondent(s) in the above-mentioned
appeal.

DATED this ..................... day of ..................... 20..........
……………………………………
Appellant(s)

……………………………….
The Registrar,
Court of Appeal.

And to .......................................................... Respondent(s)
and the Registrar of the Court below.
____________ *Strike out words inapplicable.
_____________

CIVIL FORM 10
(Rule 31(4))
IN THE COURT OF APPEAL
Bond for Costs on Appeal

MONTSERRAT

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

CIVIL FORM 10 -(Continued)

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
in the presence of
}
(L.S.)
(L.S.)
(L.S.)

_____________

CIVIL FORM 11
(Rule 37)
IN THE COURT OF APPEAL
Certificate of the Order of the Court

MONTSERRAT

Civil Appeal No. of 20 ..........

Appeal from the ....................................................................................... in the State of .......................................... dated the ..................................................................
day of .................................. 20......... ............................................................................
………………………………………………Motion
................................................................ Appeal No.
………..………………….………………..…….... (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.
____________ *Strike out words inapplicable.
_____________

CIVIL FORM 12
IN THE COURT OF APPEAL
Notice of Taxation

MONTSERRAT

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..........
……………………………..
Solicitor for


To the above-named Appellant/Respondent of ........................................
____________ *Strike out words inapplicable.
_____________

APPENDIX B
PART 1
Fees of Court in Civil Appeals from the High Court
$
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


12.00
2. On filing respondent's notice of intention to contend that
decision of court below be varied

5.00
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


7.00
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


7.00
5. On making any application not otherwise specifically
provided for and for filing judgment or order
thereunder an inclusive fee of


5.00
6. On filing bond to secure costs of appeal 2.50
7. On filing motion for leave to appeal to the Judicial
Committee of the Privy Council
2.50
8. On filing every bond where the appeal is to the Judicial
Committee of the Privy Council
2.50
9. On filing order for leave to appeal to the Judicial
Committee of the Privy Council
2.50
10. On appointment to settle record on appeal to the Judicial
Committee of the Privy Council
1.25
11 On sealing record on appeal to the Judicial Committee of
the Privy Council
2.50
12. On filing every document or exhibit for which no special
fee is provided
.60
13. On taxation of bill of costs including certificate 2.50
14. On certifying any document as an office copy 1.25
15. If in a foreign language, the actual cost of making and
examining the copy, and, in addition, for marking and
sealing the copy as an office copy


1.25
16. For an office copy of a plan, map, section, drawing,
photograph or diagram the actual cost of making and
examining the copy, and, in addition, for marking and
sealing the copy as an office copy



1.25
17. For a copy of reasons for judgment per folio of 100 words
But with a minimum fee, for one set of reasons, of And with a maximum fee, for one set of reasons, of
15
1.25 25.00
18. For a copy of a report of the Registrar per folio of 100
words

.15

19. On perusing and allowing by a Judge or Registrar of any
bond
1.25
20. On sealing a writ of subpoena not exceeding three persons 1.25
21. For a certificate of the Registrar for which no special fee is
provided
1.25
22. On obtaining appointment for examination of a witness
before an officer of the Court or other person

1.25
23. In respect of every witness examined by an officer or other
person in his office, for each hour or part of an hour

1.25
24. For an examination of witnesses away from the office of the
examiner, the reasonable travelling and other expenses
in addition to the fee chargeable under Item 23.

25. For making every search 1.00
26. For an office copy of any document filed in the Registry,
per folio of 100 words, for the first folio

.25
For every other folio or part thereof .15
27. 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


.25
For every other folio or part thereof .15
28. On certifying any document as an office copy 1.25

The fees to be taken in the offices of the Sheriff or Bailiff are the same as those which
are required to be taken by the Sheriff or Bailiff of the State in which the appeal arises
in respect of a like proceeding or act in a cause pending in the High Court.

PART 2

Legal Practitioners Fees in Civil Appeals Schedule of Allowances

(Save in respect of item 19, a folio shall consist of one hundred words (or figures) or
part thereof; four figures to count as a word.)

INSTRUCTIONS
$
1. Instructions to file notice of appeal (including
grounds of appeal)

12.00
2. Instructions to file notice of cross appeal
(including grounds of appeal)

12.00
3. Instructions to file any application relative to an
appeal
7.00
4. Instructions to appear for the respondent to any
application to an appeal
7.00
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 other costs to be
allowed, the general conduct of the
proceedings and all other relevant
circumstances






12.00
6. Instructions for affidavit and for any other
interlocutory matter, the charge for which is
not specified in these scales


3.00
7. Instructions for brief to counsel to advise or to
settle pleadings. This will be allowed where
justifiable under the circumstances of the
particular case 7.00
8. Drawing notice of appeal including
grounds of appeal
 First 10 folios, $1; per
folio for the first 10
folios; $1 per folio for
the next 10 folios 75c,
and thereafter per folio
36c. (The minimum
charge under these items
shall be $7.00 save that
the minimum shall not
apply in the case of
verifying affidavit of
service and other formal affidavits
9. Drawing notice of motion
10. Drawing a case stated
11. Drawing notice of cross appeal, including
grounds of appeal
12. Drawing any order
13. Drawing any petition, affidavit, any notice
except a formal notice, summons,
further particulars or request for
further particulars
14. Drawing any writs of execution, arrest or
attachment and any other important
document not otherwise provided for

15. Drawing index of record or any index to
brief
 . 75 per folio
16. Drafting instructions to Counsel with brief
on any matter
17. Drawing any subpoena or any formal notice –
each document

1.50
18. Drafting a letter or telegram
If more than one folio, for each additional folio
Copy to keep, where necessary, per folio
2.00
.40
.15
19. Drawing Bill of Costs, per folio .75
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
20. Copies of the record on appeal, if prepared by the
appellant's attorney or solicitor, such fee for
the first copy and such fee for additional
copies as the Registrar may consider
reasonable.

(If not prepared by the appellant's attorney or
solicitor the reasonable cost of the record as a
disbursement).

21. Copies of any matter required for the Court, for
counsel, for the attorney or for service or for
any other necessary purpose for the first copy
per folio
.25
For each additional copy per folio .15
ATTENDANCES
22. At the Registry (clerk's attendance) 2.00
23. On the Registrar in chambers at the rate per hour
or part thereof (to be increased at the
discretion of the Taxing Officer)
5.50
24. On an opposite party, if necessary and proper, the
like as under the preceding items

25. On a Judge in chambers, at the rate per hour or
part thereof (to be increased at the discretion
of the Taxing Officer)
8.50
26. In Court where matter listed but not reached, on
any day for each hour or part thereof
necessarily and justifiably spent
5.50
27. Attendance on receipt of letter or telegram 1.50
28. Attendance on receipt of formal
acknowledgement
1.00
29. Other merely formal attendances including 2.00

attendances to file, to swear affidavits or to
bespeak copies
30. Attendances not purely formal and including
attendances on witnesses and others to obtain
statements and other materials for brief on
trial or 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 of in respect of each hour or
part thereof
7.00
31. Attendance to inspect or produce pursuant to
notice per hour or part thereof
5.50
32. Attendance before a Registrar in chambers on
taxation matters for each hour or part thereof
5.50
33. Attending at hearing as solicitor 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
17.00
34. Attending Court to hear reserved judgment per
hour
5.50
35. Attendance upon a shorthand writer to obtain
copy of transcript for appellate purposes
3.00
36. Attending to issue writ of execution 3.00
37. Any attendance not specifically provided for 2.00
38. Journeys necessarily undertaken.
An allowance for the time necessarily occupied
on the journey and, in the 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 sum per
day, including Sundays as the Taxing Officer
may think reasonable, not to exceed.
Disbursements for fares, hotel and transport
expenses are also to be allowed, but not for
normal out of pocket expenses other than
board and lodging.
The disbursement allowed for travelling by
motor car shall be at the rate of 25c per mile
provided the total distance travelled exceeds
three miles. For journeys under 3 miles no
allowance shall be made for travelling by
motor car.









28.00
39. Agency correspondence if shown to the
satisfaction of the Taxing Officer that such
correspondence has been necessary and


reasonable. Such sums as would he allowed
under items 18 or 40.
40. Letters, messages, etc. Such fee including letters
not otherwise allowed between party and
party as the Taxing Officer may consider
reasonable not exceeding
3.00
PERUSALS
41. Perusals of any necessary documents for the first
10 folios-per folio
.50
For each subsequent folio .15
DISBURSEMENTS
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.





PART 2 - (Concluded)

ATTENDANCES

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, SHERIFF AND BAILIFF'S FEES
44. There shall be paid to Sheriffs. Marshals and Bailiffs. such fees and travelling and
subsistence allowances as are by rules of Court or other law prescribed for the
service or execution of any summons, warrant, writ, or other process of the High
Court in the State in which the execution or service is sought to be levied or
effected.

APPENDIX C
CRIMINAL FORMS
Index to Forms
FORM APPEAL
RULES DESCRIPTION OF FORMS
1 Rule 42 Notice of appeal or application for leave to appeal
against conviction or sentence.
2 “ 42 Notice of application for extension of time within
which to appeal.
3 “ 43 Judge’s certificate.
4 “ 48(5) Declaration verifying transcript of shorthand notes.
5 “ 54 Notification to appellant of a single Judge’s decision.
6 “ 54 Notice of appeal by appellant from refusal of a single
Judge.
7 “ 56(3) Recognizance of appellant sentenced to payment of a
fine.
8 “ 56(3) Recognizance of sureties for appellant sentenced to a
fine.
9 “ 56(4) Notice of breach of his recognizances to appellant
sentenced to a fine.
10 “ 56(4) Notice to surety for appellant of estreat of
recognizances.
11 “58(43) Recognizanes of bail of appellant convicted on
indictment.
12 “ 58(4) Recognizance of appellant’s sureties.
13 “ 58(5) Notice to Officer in Charge of Prisons to release
appellant on bail.
14 Rule 58(6) & (8) Warrant for arrest of appellant on bail.

15 “ 59(1) Notice of abandonment.
16 “ 59(2) Notification of abandonment of appeal.
17 “ 62(1) Notification to appellant of result of application.
18 “ 62(1) Notice to authorities of result of application.
19 “ 62(1) Notification to appellant of the result of his appeal.
20

“ 62(1) &
63(1)
Notice to authorities of result of appeal.
21 “ 66 (1) Order to witness to attend court for examination.
22 “ 66 (2) Appellant’s application for further witness.
23 “ 66 (5) Notice to witness to attend before an examiner.
24

“ 66 (7) Caption for deposition of witness examined before
examiner.
_____________


CRIMINAL FORM 1
(Rule 42)
IN THE COURT OF APPEAL

Notice of Appeal or Application for leave to Appeal against Conviction
or Sentence
MONTSERRAT
Criminal Appeal No. of 20 ..........
TO THE REGISTRAR OF THE COURT OF APPEAL.
Name of Appellant .........................................................
Convicted at the Assizes held at .......................................
……………………………………………………………….
(1) Larceny
Forgery Offence of which convicted .................................................................
(2) Set out the actual
date upon which the appellant was
convicted and
sentenced
Sentence ………………………………………..…………………….
Date when convicted …………………………………………...…….
Date when sentence passed ………………………………….………
(3) If not in custody here set out
appellant’s address
in full
Name of Prison
………………………………………………..………………….......
(4) 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"
I, the above-named appellant, hereby give you notice that I
desire to appeal to the Court of Appeal against my (4) .....................
............................................................................................................
on the grounds hereinafter set forth on page 2 of this notice.

(5) This notice must be signed by the
appellant. If he
cannot write he must affix his
mark in the
presence of a witness
(Signed) (5) ..............................................................
Appellant.



(5) The name and
address of such attesting witness
must be given

(6) If this notice is
signed more than fourteen days after
sentence the
appellant must also fill in Form 2 and
send with this
notice
Dated this (6) ………….. day of……………..……….. 20 …….
(7) The appellant must
answer each of
these questions.
QUESTIONS(7)
1. Did the judge before whom you were
tried grant you a certificate that it
was a 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'? ………...……
3. Is any solicitor now acting for you?
If so, give his name and address ………...……
……….…...…
………....……
(8) An appellant is not
entitled to be present on the
hearing of an
application for leave to appeal
4. Do you desire to be present when
the Court considers your appeal? (8) ……………………….

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. (9) 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 shall be
quashed or his
sentence reduced.
Grounds of Appeal or application (9)

N.B. 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
(Rule 42)
IN THE COURT OF APPEAL
Notice of Application for Extension of the time within which to Appeal
MONTSERRAT
Criminal Appeal No. of 20 ..........
TO THE REGISTRAR OF THE COURT OF APPEAL

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.
I. .................................................................................
having been convicted of the offence of .........................................
in the High Court of Justice, Criminal Assizes, held at
................................................. on the ...........................................
day of............................................................... 20..... and being
now a prisoner in Her Majesty’s 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.

_____________

CRIMINAL FORM 3
(Rule 43)
IN THE COURT OF APPEAL
Judge’s Certificate
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.






State shortly the
offence eg. larceny,
murder, forgery, etc.


Here specify in general
terms the grounds on which certificate
granted .
In the High Court of Justice, Criminal Assizes holden at
…………………………………………………………….……
WHEREAS the said .........................................................
was tried and convicted before me, the undersigned in the said
Court on the ................ day of .......................................................
on a c:harge of ..............................................................................

I DO HEREBY CERTIFY that the case is a fit case for
an appeal by the said ......................................................................
to the Court upon the following grounds:-



(Signed) ………………………………………………
Judge.
DATED this ............ day of………………... 20.........

_____________


CRIMINAL FORM 4
(Rule 48(5))
IN THE COURT OF APPEAL
Declaration Verifying Transcript of Shorthand Notes

MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
I, ......................................................................................................................
of ....................................................................................................................................
do solemnly and sincerely declare that, having been required by the Registrar of the
High Court to furnish him a transcript of the shorthand note relating to the trial (or
other proceeding) in relation of ...............................................................................
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 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 ………….. date of…………........... 20..........


(Signed) ........................................................
_____________


CRIMINAL FORM 5
(Rule 54)
IN THE COURT OF APPEAL
Notification to Appellant of a single Judge’s Decision
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN 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 proceedings in your appeal;
(d) Admission to bail;

has refused the application(s) marked.................................................................. (and
has granted your application(s) marked ..................................................................)

If you desire to have the above-mentioned application(s) which 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) ……………………………………………
Registrar.
Court of Appeal. To the above-named.
_____________

CRIMINAL FORM 6
(Rule 54)
IN THE COURT OF APPEAL
Notice of Appeal by Appellant from Refusal of a single Judge
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE REGISTRAR OF THE COURT OF APPEAL

I, .......................................................................................... having received
your notification that my application(s) for—
(a) Leave to appeal;
(b) Extension of the time within which notice of appeal or 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;

DO 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 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 shall grant your said
application(s) you may do so in the space below.
_________
*Strike out if you do not desire to be present.
_____________

CRIMINAL FORM 7
(Rule 56(3))
IN THE COURT OF APPEAL
Recognizance of Appellant Sentenced to Payment of a Fine
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN 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 High Court (Criminal Jurisdiction) at ...............................................
……………………………………………………..………………….…………………
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 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 Our Lady the Queen 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 Our said Lady the Queen, her heirs and successors, jf he the
said ............................... fail in the condition endorsed.
Taken and acknowledged this ....... day of 20 ...... , at the said Court.

Before me
(Signed) ……………………………………
Registrar of the High Court.


CRIMINAL FORM 7-(Continued)
CONDITION

The condition of the within written recognizance is such that if the said
…………………………………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.
_____________

CRIMINAL FORM 8
(Rule 56(3))
IN THE COURT OF APPEAL
Recognizance of Sureties for Appellant Sentenced to a Fine
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO WIT: Be it remembered that on the …………..…………… day of
…………………………………. 20....... of ...........................................................
and ...................................................................................... personally came before
the High Court (Criminal Jurisdiction) at ...................................................................
and severally acknowledged themselves to owe to Our Lady the Queen the several
sums following that is to say; the said ...................................................................
the sum of $ ..................... and the said ...........................................................................
the 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 Our said Lady the
Queen her heirs and successors 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) …………………………………
Registrar of the High Court.


CRIMINAL FORM 8-(Continued)


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 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, than this recognizance shall be void,
otherwise of full force and effect.


(Signed)………………………………………………………….
Surety.
(Signed) ………………………………………………………… Surety.
____________


CRIMINAL FORM 9
(Rule 56(4))
IN THE COURT OF APPEAL
Notice of Breach of His Recognizances to
Appellant Sentenced to a Fine
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE ABOVE-NAMED ................................................. APPELLANT

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.
Court of Appeal.
_____________


CRIMINAL FORM 10
(Rule 56(4))
IN THE COURT OF APPEAL
Notice to Surety for Appellant of Estreat of Recognizances

MONTSERRAT
Criminal Appeal No. of 20 ..........
TO ..................................................................................................................................
of ......................................................................................................................
WHEREAS you the above-named, became duly bound in recognizances as surety,
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 conviction before the Court, and
whereas the said ..........................................................................................................
has not so prosecuted his appeal, now I hereby give you notice that at the sitting of the
Court on .............................................................................. next your recognizances
may be ordered to be estreated, unless you then show good cause to the contrary.
(Signed) ………………………………………..
Registrar.
Court of Appeal.
_____________

CRIMINAL FORM 11
(Rule 58(4))
IN THE COURT OF APPEAL
Recognizances of Bail of Appellant Convicted on Indictment
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN 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 Her Majesty’s Prison at .............................................
and has duly appealed against his conviction (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 Our Lady the Queen 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 Our said Lady the Queen, her
heirs and successors, if he the said ……………………………………..…………….
fail in the condition endorsed.
Taken and acknowledged this ..................... day of ..............................
20.......... at ................................................................ , before me.
(Signed) ............................................
Office: Magistrate. etc.


CRIMINAL FORM 11-(Continued)

CONDITION
The condition of the within written recognizance 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 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.
The following to be filled up by the Appellant and signed by him:
(Signed)……………………………………… Appellant.
_____________

CRIMINAL FORM 12
(Rule 58(4))
IN THE COURT OF APPEAL
Recognizance of Appellant's Sureties
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
BE IT REMEMBERED that on this ............................................................. day of
................................. 20.............................................................................................. and
..................................................... of .............................................................................
personally came before me the undersigned being the .................................................
of ....................................................................................... and severally acknowledged
themselves to owe to Our Lady the Queen the several sums following, that is to say
the said ................................................ the sum of $...................................................
and the said ......................................................... the 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 Our said Lady the Queen, her heirs and
successors, if ......................................................................................................... now
in lawful custody in Her Majesty’s Prison at ..............................................................
……………………………..fail in the condition hereon endorsed.
Taken and acknowledged before me the undersigned, the day and year first
above-mentioned.
(Signed) ……………………………………
Magistrate, etc.



CRIMINAL FORM 12 - (Continued)

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 a 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.
_____________

CRIMINAL FORM 13
(Rule 58(5))
IN THE COURT OF APPEAL
Notice to Officer in Charge of Prisons to Release Appellant on Bail
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE OFFICER IN CHARGE OF PRISONS
WHEREAS ...................................................................................... was convicted of
........................................................................................ on the
............................................................... day of ............................... 20......... (and was
thereupon sentenced to .............................................................) and now is in lawful
custody in Her Majesty’s Prison at ........ ..

AND WHEREAS .................................................................... having duly
appealed to the Court of Appeal against such conviction (and/or sentence) and having
duly applied to that 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 Deputy Registrar of the said Court of Appeal, have
been given to understand that the said ..........................................................................
is now in your lawful custody in the said prison under the said conviction and
sentence.

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.


CRIMINAL FORM 13-(Continued)

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) ........................................................
Deputy Registrar, Court of Appeal.
_____________




CRIMINAL FORM 14
(Rule 58(6) & (8))
IN THE COURT OF APPEAL
Warrant for Arrest of Appellant on Bail
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.

(a) State Office.
Head of
Prisons
TO THE CONSTABLES OF THE POLICE FORCE,
AND TO THE (a) .......................................................
OF HER MAJESTY'S PRISON AT .......................................


(a) State Office Head of Prisons
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 forthwith
to apprehend the said ......................................................................................
and to 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.

(Signed) ………………………………………………………..
Presiding Judge.

DATED this ..................... day of ................................................. 20..........
_____________

CRIMINAL FORM 15
(RULE 59(1))
IN THE COURT OF APPEAL
Notice of Abandonment
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE REGISTRAR OF THE COURT OF APPEAL.
I. ...................................................................................................... having
been convicted of ............................................................................................ in the
High Court (Criminal Jurisdiction) at ........................................................................
and having been desirous of appealing to the Court against my said conviction (or the
sentence of …………………………………………………………………………
passed upon me on my 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
(Rule 59(2))
IN THE COURT OF APPEAL
Notification of Abandonment of Appeal
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
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 Rule 59(1) of the Court of Appeal Rules 1968, upon the notice of
abandonment being given the appeal shall be deemed to have been dismissed by the
Court.
(Signed)…………………………………………………
Registrar of the Court of Appeal.
DATED this ..................... day of ……………..........20........ ..
___________ *Send copies addressed to:-
(a) The Governor or the Governor-General, if the conviction involved a sentence of death,.
(b) Any other respondent,
(c) The Prison Authority, and (d) The Registrar of the court below.
_____________

CRIMINAL FORM 17
(Rule 62(1))
IN THE COURT OF APPEAL
Notification to Appellant of Result of Application

MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE ABOVE-NAMED APPELLANT.
This is to give you notice that the Court has considered the matter of your
application for—
(a) leave to appeal to the said Court; (b) leave to extend the time within 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 has finally determined the same and has this day given judgment to the effect
following:-
(Signed)…………………………………………………
Registrar of the Court of Appeal.
DATED this ..................... day of …………………..…...…..........20........
_____________

CRIMINAL FORM 18
(Rule 62(1))
IN THE COURT OF APPEAL
Notice to Authorities of Result of Application

MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE REGISTRAR OF THE HIGH COURT*
To ......................................................................................
This is 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 has this day finally determined his said applications and has
given judgment to the effect following:-
Here set out the
Decision of the Court
(Signed)…………………………………………
Registrar of the Court of Appeal.
DATED this ..................... day of ……………..........20........ ..
__________ *Send copies addressed to:-
(a) The Governor or the Governor-General, if sentence of death has been passed, (b) The Director of Public Prosecutions or other respondent, and
(e) The Prison Authority.
_____________

CRIMINAL FORM 19
(Rule 62(1))
IN THE COURT OF APPEAL
Notification to Appellant of the Result of his Appeal
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN V.

TO THE ABOVE-NAMED APPELLANT.
This is to give you notice that the Court, having considered the matter of your
appeal, has finally determined the same and has this day given judgment to the effect
following:-
(Signed)………………………………………………...…
Registrar of the Court of Appeal.
DATED this ..................... day of ………………….………..........20........
_____________

CRIMINAL FORM 20
(Rules 62(1) and 63(1))
IN THE COURT OF APPEAL
Notice to Authorities of Result of Appeal

MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
TO THE REGISTRAR OF THE HIGH COURT*
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 High Court (Criminal Jurisdiction) at ........................................
the Court has finally determined the said appeal, and has this day
given judgment therein to the effect following:-
Here set out the Decision of the
Court

(Signed)…………………………………………
Registrar of the Court of Appeal.
DATED this ..................... day of ……………..........20........ ..
___________ *Send copies addressed to:-
(a) The Governor or Governor-General, if sentence of death is involved.
(b) The Director of Public Prosecutions or other respondent, and (e) The Prison Authority.

_____________

CRIMINAL FORM 21
(Rule 66(1))
IN THE COURT OF APPEAL
Order to Witness to Attend Court for Examination
MONTSERRAT

Criminal Appeal No. of 20………..

THE QUEEN v.

Name, etc. of To ............................................................................................
witness of.............................................................................................
WHEREAS on good cause shown to the Court you have
been ordered to attend and be 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.
(Signed) ……………………………………………………
Registrar of the Court of Appeal.
DATED this ................ day of .................................................. 20......

_____________

CRIMINAL FORM 22
(Rule 66(2))
IN THE COURT OF APPEAL
Appellant’s Application for further witness
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN 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 attesting 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.
_____________


CRIMINAL FORM 23
(Rule 66(5))
IN THE COURT OF APPEAL
Notice to Witness to Attend Before an Examiner
MONTSERRAT
Criminal Appeal No. of 20 ..........
THE QUEEN v.
To .................................................................................................
of ..................................................................................................
WHEREAS on good cause shown to the Court you have
been ordered to be examined as witness upon the appeal of the
above-named, and your deposition to be taken for the use of the
said Court.
(a) Specify place This is to give you notice to attend at (a) ...............................
of examina- ………………………………………………………………….
tion on the ................................. day of ……………………………
(b) Fill in exam- 20 ……….. before (b) ……………………………………..….
iner’s name 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.
(Signed)…………………………………………………
Registrar of the Court of Appeal.
DATED this ..................... day of …………………….……..........20........
_____________

CRIMINAL FORM 24
(Rule 66(7))
IN THE COURT OF APPEAL
Caption for Deposition of Witness Examined before Examiner

MONTSERRAT
Criminal Appeal No. of 20..........
THE QUEEN V.

The deposition (on oath) taken before me the undersigned, being an examiner
duly appointed by the Court in that behalf 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 the Respondent at .....................................
on the ......................... day of ...................................................................20..........
which said Appellant (or his professional representative) and Respondent had full
opportunity of asking questions of the said witnesses, to whom the depositions
following were read by me before being signed by them the said witnesses
respectively.
The deposition of.............................................................................................
of ...............................................................................................................................
who (upon oath duly administered by me) said as follows:-
_______________


APPENDIX D
Fees of Court in Civil Appeals from Courts of Summary Jurisdiction
$ c
On entering an appeal 5.00
On filing every document or exhibit .25
On every judgment 5.00
On amending or adding to grounds of appeal by leave or direction of Court
at the hearing
1.00
Provided that the Court shall have power to reduce or waive the fee .
On inspection of any document or judgment .25
On filing motion for re-entering appeal struck out 10.00
On office copies of any documents for the first folio of 100 words .25
For every other folio or part of a folio .15
Every taxation of bill of costs including certificate 2.50

____________



SUPREME COURT (QUEEN’S COUNSEL) RULES
ARRANGEMENT OF RULES
RULES
1. Citation
2. Application
3. Interpretation
4. Right of audience of Queen’s Counsel
_____________

SUPREME COURT (QUEEN’S COUNSEL) RULES – SECTION 17
(S.R.O.s 14/1968 and 10/1968)
Commencement
[27 May 1968]
Citation
1. These Rules may be cited as the Supreme Court (Queen’s Counsel) Rules.
Application
2. These Rules shall apply to the States as defined in rule 3.
Interpretation
3. In these Rules unless it is expressly provided to the contrary or the context
otherwise requires—
“Court Order” means the Supreme Court Order (S.I. 1967 No. 223);
“State” means any of the following with its dependencies (if any), that is to say—
Antigua,
Dominica,
Grenada,
Saint Christopher, Nevis and Anguilla,
St. Lucia, and
St. Vincent;
“Supreme Court” means the Eastern Caribbean Supreme Court established by
section 4 of the Courts Order.
Right of audience of Queen’s Counsel
4. Queen’s Counsel appointed in any of the States, in Montserrat or in the Virgin
Islands, by letters patent issued on or after 24 April, 1967 shall have the right to

practise as such and the customary right of pre-audience before the Supreme Court in
Montserrat. (Amended by S.R.O. 10/1968)
_____________


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