Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
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. 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 of the said provisions.
(2) The Court of Criminal 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.
PROCEDURE
=7.= (1) Where a person convicted desires to appeal under this Act to
the Court of Criminal Appeal, or to obtain the leave of that Court to
appeal, he shall give notice of appeal or notice of his application
for leave to appeal in such manner as may be directed by rules of
court within ten days of the date of conviction. Such rules shall
enable any convicted person to present his case and his argument in
writing instead of by oral argument if he so desires. Any case or
argument so presented shall be considered by the court.
Except in the case of a conviction involving sentence of death, the
time within which notice of appeal or notice of an application for
leave to appeal may be given, may be extended at any time by the
Court of Criminal Appeal.
(2) In the case of a conviction involving sentence of death or
corporal punishment--
(_a_) the sentence shall not in any case be executed until after
the expiration of the time within which notice of appeal or
an application for leave to appeal may be given under this
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.
=8.= The judge or chairman of any court 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
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.
=9.= For the purposes of this Act, the Court of Criminal Appeal may,
if they think it necessary or expedient in the interest of justice,--
Public-domain text, read in full here on John Shaqi.
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