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
=17.= The powers of the Court of Criminal Appeal under this Act
to give leave to appeal, to extend the time within which notice
of appeal or of an application for leave to appeal may be given,
to assign legal aid to an appellant, to allow the appellant to be
present at any proceedings in cases where he is not entitled to be
present without leave, and to admit an appellant to bail, may be
exercised by any judge of the Court of Criminal Appeal in the same
manner as they may be exercised by the Court, and subject to the same
provisions; but, if the judge refuses an application on the part of
the appellant to exercise any such power in his favour, the appellant
shall be entitled to have the application determined by the Court of
Criminal Appeal as duly constituted for the hearing and determining
of appeals under this Act.
=18.= (1) Rules of court for the purposes of this Act shall be
made, subject to the approval of the Lord Chancellor, and so far
as the rules affect the governor or any other officer of a prison,
or any officer having the custody of an appellant, subject to the
approval also of the Secretary of State, by the Lord Chief Justice
and the judges of the Court of Criminal Appeal, or any three of such
judges, with the advice and assistance of the Committee hereinafter
mentioned. Rules so made may make provision with respect to any
matter for which provision is to be made under this Act by rules of
court, and may regulate generally the practice and procedure under
this Act, and the officers of any court before whom an appellant has
been convicted, and the governor or other officers of any prison
or other officer having the custody of an appellant and any other
officers or persons, shall comply with any requirements of those
rules so far as they affect those officers or persons, and compliance
with those rules may be enforced by order of the Court of Criminal
Appeal.
(2) The committee hereinbefore referred to shall consist of a
chairman of quarter sessions appointed by a Secretary of State, the
Permanent Under Secretary of State for the time being for the Home
Department, the Director of Public Prosecutions for the time being,
the Registrar of the Court of Criminal Appeal, and a clerk of assize,
and a clerk of the peace appointed by the Lord Chief Justice, and a
solicitor appointed by the President of the Law Society for the time
being, and a barrister appointed by the General Council of the Bar.
The term of office of any person who is a member of the Committee
by virtue of appointment shall be such as may be specified in the
appointment.
Public-domain text, read in full here on John Shaqi.
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