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
=11.= (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) 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.
=12.= It shall be the duty of the Director of Public Prosecutions
to appear for the Crown on every appeal to the Court of Criminal
Appeal under this Act, except so far as the solicitor of a
Government department, or a private prosecutor in the case of a
private prosecution, undertakes the defence of the appeal, and the
Prosecution of Offences Act, 1879, shall apply as though the duty of
the Director of Public Prosecutions under this section were a duty
under section two of that Act, and provision shall be made by rules
of court for the transmission to the Director of Public Prosecutions
of all such documents, exhibits, and other things connected with the
proceedings as he may require for the purpose of his duties under
this section.
=13.= (1) On the hearing and determination of an appeal or any
proceedings preliminary or incidental thereto under this Act no costs
shall be allowed on either side.
(2) The expenses of any solicitor or counsel assigned to an
appellant under this Act, and the expenses of any witnesses attending
on the order of the court or examined in any proceedings incidental
to the appeal, and of the appearance of an appellant on the hearing
of his appeal or on any proceedings preliminary or incidental to
the appeal, and all expenses of and incidental to any examination
of witnesses conducted by any person appointed by the court for the
purpose, or any reference of a question to a special commissioner
appointed by the court, or of any person appointed as assessor to the
court, shall be defrayed, up to an amount allowed by the court, but
subject to any regulations as to rates and scales of payment made
by the Secretary of State, in the same manner as the expenses of a
prosecution in cases of felony.
=14.= (1) An appellant who is not admitted to bail shall, pending
the determination of his appeal, be treated in such manner as may be
directed by prison rules within the meaning of the Prison Act, 1898.
(2) The Court of Criminal Appeal may, if it seems fit, on the
application of an appellant, admit the appellant to bail pending the
determination of his appeal.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account