Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2014-04-02 and last amended on 2012-02-15. Previous Versions

VARIATION OF AN ORDER FOR RELEASE FROM CUSTODY PENDING APPEAL

  •  (1) A judge may, on cause being shown, revoke an order previously made under section 679 of the Code and may make any order that could have been made under that section.

  • (2) An order for a new recognizance or undertaking varying a condition may be made by a judge without the attendance of counsel, upon the filing of the written consent of counsel for the respondent.

  • (3) Where the appellant seeks an order under subsection (1) which varies a condition contained in an order made under section 82.19, the material filed in support of the application shall contain a summary of the status of the appeal, an explanation for any failure to comply with these rules and, where applicable, a statement of the earliest feasible date on which the appeal may be heard.

POST-SENTENCE REPORT

  •  (1) A party to the appeal may apply to the Court for an order that a post-sentence report be prepared.

  • (2) A party to the appeal may, with consent of the other party or with leave of the Court, file post-sentence information.

  • (3) Where the preparation of a post-sentence report is ordered by the Court and the subject of the report is in a penal institution, the report shall be prepared in writing by the appropriate official of the penal institution and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel.

  • (4) Where a post-sentence report is ordered by the Court and the subject of the report is not in a penal institution, the report shall be prepared by a probation officer and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel.

FORMAL ORDER

  •  (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing.

  • (2) Any party to an appeal who wishes the order amended to better express the intent of the Court’s decision may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.

EXTENSION OR ABRIDGEMENT OF TIME

  •  (1) Any time prescribed by this Rule, including the time prescribed for the filing of a notice of appeal, may be extended or abridged by the Court or a judge, before or after the expiration of the period.

  • (2) Notice of an application to extend or abridge the time shall be given to the opposite party, unless such application is made by consent or unless otherwise directed by the Court.

  • (3) An application to extend or abridge the time for filing a notice of appeal shall include an affidavit and any other relevant material indicating

    • (a) the potential merits of the appeal, including any questions of law that may be in issue on the appeal;

    • (b) an explanation for the failure to have filed the notice of appeal in accordance with the time limits prescribed by these Rules;

    • (c) whether the applicant had demonstrated an intention to appeal within the appeal period;

    • (d) the existence of any prejudice to the intended respondent and any third parties if the appeal were allowed to proceed;

    • (e) the existence of any special circumstances that might cause an injustice to the applicant if the application were refused; and

    • (f) any other information or factors that might reasonably have a bearing on the application.

  • (4) An appellant who is not represented by counsel may apply for an extension or abridgement of time by including with the proposed Form 82B notice of appeal an application for such extension. The Court may, on notice to the Attorney General and on giving the Attorney General an opportunity to be heard, consider the application and either grant or refuse the requested extension. The Registrar shall send to each party a copy of the Court’s order.