Release pending appeal
91.24 (1) An appellant who appeals against sentence only, is in custody, and wishes to be released pending appeal must make a motion to a judge of the Court of Appeal for leave to appeal, which motion may be heard together with a motion for an order for release under section 679 of the Code and be determined before or at the same time as the motion for release is determined.
(2) An appellant who makes a motion for release from custody pending appeal under section 679 of the Code must provide evidence of all of the following, by affidavit or agreed statement of facts filed with the notice of motion:
(a) details of the conviction;
(b) details of any ground of appeal that the appellant omitted from the notice of appeal and wishes to argue;
(c) the appellant’s age, status as a single person or partner or spouse, places of residence in the three years before the conviction, employment before conviction, prospects for employment if released, including the place of prospective employment if released, and any criminal record;
(d) the unnecessary hardship of being detained in custody, if the appeal is of sentence only;
(e) the amount of money or the value of other security the appellant proposes, if the appellant proposes release on a recognizance with sureties;
(f) the names of sureties and the amount for which each is to be liable, if sureties are proposed and arrangements have been made with them.
(3) An appellant who makes a motion under this Rule must, unless directed otherwise by a judge, file with the notice of motion:
(a) the decision of the sentencing judge;
(b) the submissions made at the sentencing hearing;
(c) a copy of any presentence report;
(d) a copy of the appellant’s criminal record, if any;
(e) a proposed form of order for release pending appeal.
(4) The Attorney General who opposes release must provide evidence by affidavit or agreed statement of facts on any fact alleged by the Attorney General and not established by the affidavit or agreed statement of facts of the party seeking release, or by cross-examination.
(5) A party may cross-examine a witness who swears or affirms an affidavit filed by the other party.
91.25 (1) A judge, clerk, or prothonotary of a court who makes a judgment must retain custody of the exhibits admitted, and other materials that were before the court, in the proceeding that led to the judgment for no less than 25 days after the later of either of the following:
(a) the day the deadline for filing a notice of appeal under Rule 91.09(1) expires;
(b) the day the deadline extended under Rule 91.09(2) expires.
(2) The Attorney General who receives or files a notice of appeal must give notice of the appeal to the judge, clerk, or prothonotary who has custody of the exhibits and other materials.
(3) The judge, clerk, or prothonotary who is notified must continue to retain custody of exhibits and other materials until one of the following happens:
(a) a judge of the Court of Appeal or the registrar directs that the exhibits and other materials be delivered to the registrar or another person;
(b) the appeal is finally determined.
(4) The judge, clerk, prothonotary, or registrar must, unless the judge or a judge of the Court of Appeal orders otherwise, return the exhibits and other materials to the party who produced them or the party’s counsel when the periods provided in Rule 91.23(1) or (3) expire.
(5) This Rule 91.23 does not apply to the custody of exhibits and other materials that is provided for in the Code or other legislation, such as the Controlled Drugs and Substances Act.
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