Marginal note:Notice of abandonment
36. (1) If an appellant desires to abandon an appeal, the appellant shall file a Notice of Abandonment in Form H signed by the appellant or by the appellant’s counsel.
(2) A notice of abandonment has the same effect as an order dismissing an appeal unless a judge, who is satisfied that it is in the interests of justice to do so, permits the appellant to withdraw the abandonment of the appeal.
APPOINTMENT OF COUNSEL
Marginal note:Application pursuant to section 684 of the Code
37. (1) An offender who wishes to obtain court-appointed counsel pursuant to section 684 of the Code shall apply by filing:
(a) an application in Form I;
(b) an affidavit in Form J;
(c) a certificate in Form K from the Saskatchewan Legal Aid Commission indicating that the appeal to it from the decision of the local office has been denied; and
(d) any other material that the offender considers relevant to the application.
(2) On receipt of the material mentioned in subrule (1), the registrar shall forward the material to the government ministry or agency responsible for the court-appointed counsel program and to the Attorney General.
RELEASE FROM CUSTODY PENDING DETERMINATION OF APPEAL
38. An offender who wishes to apply for release from custody pending determination of the appeal pursuant to section 679 of the Code shall apply by filing:
(a) an application in Form L;
(b) an affidavit in Form M; and
(c) any other material that the offender considers relevant to the application.
Marginal note:Conditions of release
39. (1) If a judge determines that the offender should be granted release from custody pending determination of the appeal on entering into a recognizance or undertaking, or both, the judge shall:
(a) in the case of recognizance, specify, in an order in Form 32 of the Code, the amounts in which the offender and his or her surety or sureties, if any, shall be bound on recognizance; and
(b) specify those conditions that may be appropriate.
(2) An undertaking pursuant to this Rule may be in Form 12 of the Code.
(3) Unless otherwise ordered by the judge hearing the application, all orders for release from custody pending determination of the appeal shall contain the following conditions:
(a) if the appellant is represented, that the appellant will file his or her factum within the periods provided by these rules or as otherwise fixed by the judge granting release and that if the factum is not filed within the periods provided by these rules or as otherwise fixed by the judge, the order for release will be automatically revoked;
(b) that the appellant shall personally attend at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order;
(c) that the appellant acknowledges that failure to attend personally at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order will be deemed to constitute an abandonment of the appeal;
(d) that the appellant will keep the peace and be of good behaviour;
(e) that the appellant will advise the registrar of his or her place of residence; and
(f) any other condition that the judge considers necessary.
(4) The appellant shall file or deposit the release order, recognizance, undertaking and any money or valuable security deposited under the recognizance with the registrar.
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