What follows seems to be an Explanatory Memorandum.
“This Bill amends the Court of Appeal Act to provide for appeals by the Director of Public Prosecutions (DPP) to the Court of Appeal and the Caribbean Court of Justice.”
“Clause 2 of the Bill inserts in the Act a new Part III A containing thirteen sections (34A to 34M) which set out in full how the DPP is to proceed in appealing in criminal matters.
“The inserted section 34A defines respondent to mean the person whose acquittal or sentence is the subject of an appeal by the DPP.
“Section 34B spells out the right of the DPP to appeal against a judgment or verdict of acquittal when that judgment is the result of a decision by the trial judge to uphold a submission, a decision by the trial judge to exclude material evidence sought to be adduced by the prosecution, the trial judge’s substantial misdirection of the jury in his summation on the law or facts or on mixed question of law or fact or a material irregularity in the trial. The DPP may also appeal against the sentence passed on a person by the High Court in certain circumstances.
“Section 34C sets out the procedure and time for appealing against a verdict of acquittal or sentence. The DPP shall inform the Court orally that he intends to appeal against the verdict of the court. A filing of notice of appeal by the DPP has the effect of suspending the execution of the decision, judgment or other order appealed from until the appeal is determined. Subsection (5) tabulates the offences in respect of which the DPP may apply.
“Section 34D empowers the Court of Appeal on an appeal to dismiss or allow the appeal or set aside the verdict and order a new trial.
“Section 34E sets out the power of the Court of Appeal in an appeal against sentence by the DPP. The Court of Appeal may vary the sentence or dismiss the appeal.
“Section 34F deals with the judge’s notes and report. The Registrar shall furnish to the Court of Appeal together with the judge’s notes and report a copy of evidence taken at the trial and the charge to the jury and the reasons for judgment, if any. A party to the appeal is entitled on payment of charges to receive a copy or transcript of any material that is submitted under subsections (1), (2) and (3).
“Section 34G gives the respondent the right to be present on the hearing of an appeal except where the appeal is on a question of law alone.
“Section 34H provides the instances in which legal assistance may be given to the respondent.
“Section 34I provides that the Court of Appeal shall not make any order as to cost on either side on the hearing of an appeal.
“Section 34J details a necessary step to be taken by the Registrar for obtaining a hearing.
“Section 34K sets out the powers which may be exercised by a judge of the Court of Appeal. These include power to extend time, assign legal aid to a respondent or allow the respondent to be present at any proceedings.
“Section 34L provides that an appeal from the Court of Appeal shall lie to the Caribbean Court of Justice as of right.
“Section 34M provides that where sections 34A to 34L do not make provision for any matters provided for in sections 11 to 34 of the Court of Appeal Act, those sections in relation to those matters in so far as they are applicable to this Part, shall apply as suitably modified.”
