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
(3) The time during which an appellant, pending the determination of
his appeal, is admitted to bail, and subject to any directions which
the Court of Criminal Appeal may give to the contrary on any appeal,
the time during which the appellant, if in custody, is specially
treated as an appellant under this section, shall not count as part
of any term of imprisonment or penal servitude under his sentence,
and, in the case of an appeal under this Act, any imprisonment or
penal servitude under the sentence, of the appellant, whether it is
the sentence passed by the court of trial or the sentence passed by
the Court of Criminal Appeal, shall, subject to any directions which
may be given by the Court as aforesaid, be deemed to be resumed or to
begin to run, as the case requires, if the appellant is in custody,
as from the day on which the appeal is determined, and, if he is not
in custody, as from the day on which he is received into prison under
the sentence.
(4) Where a case is stated under the Crown Cases Act, 1848, this
section shall apply to the person in relation to whose conviction the
case is stated as it applies to an appellant.
(5) Provision shall be made by prison rules within the meaning of
the Prison Act, 1898, 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 Criminal Appeal or any judge thereof may order him to be
taken for the purpose of any proceedings of that court, and for the
manner in which he is to be kept in custody while absent from prison
for the purpose; and an appellant whilst in custody in accordance
with those rules shall be deemed to be in legal custody.
=15.= (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 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 for
summary determination, and, where the case is so referred, the court
may, if they consider 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.
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