British Columbia Court of Appeal Criminal Appeal Rules, 1986 (SI/86-137)

Regulations are current to 2014-10-27

FORM 8[Subrule 19(1)]COURT OF APPEALNOTICE OF APPLICATION FOR RELEASE FROM CUSTODY PENDING DETERMINATION OF APPEAL AND ORDER FOR RELEASE

Regina

Respondent

vs.

Appellant

TAKE NOTICE that an application will be made on (day) at to a Justice of the Court for an order that the appellant be released from custody pending the determination of his appeal against his conviction at

(location) by (Judge) of (offence) on the day of 19

Or

against the sentence of (sentence) imposed on him at (location) by (Judge) on the day of after conviction of the appellant of (offence)

Dated at

this day of 19

(sentence)

(Signature of appellant or his solicitor)

(Print name of appellant or solicitor)

(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)

To the Registrar of the Court at

(This order to be completed by the Registrar)

COURT OF APPEAL

Regina

Respondent

vs.

, Appellant

BEFORE THE HONOURABLE MR. JUSTICE }The day of , 19

IT IS ORDERED that the appellant, unless he is detained for some cause other than the said sentence, be released from custody pending the determination of his appeal as aforesaid upon the appellant giving an undertaking or entering into a recognizance

(“without sureties” or “with sureties”)

in the sum of $ (“without any conditions” or “with the conditions that follow”)

before (Justice)

(“without depositing any money or other valuable security” or “upon depositing”)

with (Justice)

CONDITIONS OF RECOGNIZANCE

  • (a) The appellant will report at (State time and place) to

    (State name of peace officer or other person designated)

  • (b) The appellant will remain within the

    (Designated territorial jurisdiction)

  • (c) The appellant will notify

    (Name of peace officer or other designated person)

    of any change in his address, employment or occupation.

  • (d) The appellant will abstain from communicating with

  • (e) The appellant will deposit his passport with

  • (f) The appellant shall promptly order and pay for a transcript of the proceedings at trial or, in the event that a Court Reporter was not present, attempt to obtain a copy of the judge’s notes, or depositions of the witnesses, as the case may be.

  • (g) The appellant shall surrender himself into custody on

APPROVED AS TO FORM

Prosecutor

  • SI/91-81, s. 19.