Application for Release of Defendant

 An application under subsection (1) of Section 752 of the Code may be made orally, provided the applicant has given the prosecutor one clear day’s written notice and filed a copy with the Registrar.

Registrar to Enter Appeal on List and Fix Time and Place of Hearing

  •  (1) The time and place for the hearing of an appeal need not be stated in a notice of appeal but upon receipt of the material required to be transmitted by the summary jurisdiction court under the Code and a transcript of the evidence, unless the appeal court has dispensed with the transcript, the Registrar shall

    • (a) forthwith enter the case on a list of appeals to be heard by the appeal court; and

    • (b) subject to directions by the judge and to an application having been filed for a trial de novo pursuant to subsection (4) of Section 755 of the Code, fix the time and place for the hearing of the appeal.

NOTICE OF HEARING OF APPEAL

  • (2) The date fixed for the hearing of an appeal shall be fixed so that at least 14 days’ notice of the hearing may be given to the appellant and the respondent or to their solicitors.

SERVICE OF NOTICE

  • (3) Service of notice under this rule may be made by prepaid registered mail.

Argument May Be in Writing

  •  (1) Any party to an appeal may, if he wishes, present his argument in writing to the appeal court or by filing it with the Registrar at any time before the day fixed for the hearing of the appeal.

FORMAL HEARING MAY BE DISPENSED WITH

  • (2) Where all parties to an appeal submit written arguments the appeal court may dispense with a formal hearing.

Registrar to Send Copy of Judgment to Trial Judge

 Immediately after the appeal court has disposed of an appeal the Registrar shall send a copy of the judgment and reasons therefor, if any are given, to the judge before whom the trial was held in the summary conviction court.

Notice of Abandonment of Appeal

  •  (1) Where an appellant wishes to abandon an appeal he shall serve a notice of abandonment on the respondent and file a copy of the notice with the Registrar before the date set for the hearing of the appeal.

SIGNATURE TO NOTICE OF ABANDONMENT

  • (2) A notice served under paragraph (1) may be signed by the solicitor for the appellant or by the appellant, provided that where the appellant signs it his signature shall be verified by an affidavit or witnessed by

    • (a) the Registrar;

    • (b) a solicitor; or

    • (c) an officer of the institution, if any, in which the appellant is confined.

DISPOSAL OF ABANDONED APPEAL

  • (3) Where an appellant files a notice of abandonment under this rule, the judge in chambers may dismiss the appeal as an abandoned appeal without attendance of counsel.

Summary Conviction Court to Retain Exhibits, Etc.

 Subject to 754 of the Code and to Rules 23 and 24 a summary conviction court shall retain all documents, exhibits and other things connected with the trial of a person convicted at the trial or, in the case of chattels of inconvenient size, shall direct that they be retained by the proper police officers, for 35 days after the sentence, unless in the meantime the judge of the appeal court has made an order respecting the custody and control of those documents, exhibits and other things.

Summary Conviction Court May Deliver Documents, Etc.

 A summary conviction court may at any time after a trial, upon having filed with it the written consent, whether absolute or upon terms, of the prosecutor and the defendant or their solicitors, deliver any documents, exhibits or other things produced at the trial to the person who produced them.

Order as to Custody or Conditional Release of Exhibits, Etc.

 A summary conviction court may at any time after a trial, and upon such terms as it may impose, make an order as to the custody or conditional release of any documents, exhibits or other things as special circumstances or the special nature of the documents, exhibits or other things may make desirable and proper.

Non-compliance with Rules and Orders to Validate Proceedings, Etc.

 Non-compliance with these rules shall not render any proceedings void but the appeal court may direct that any document shall be amended or may, if it deems fit, give directions and make any order necessary to validate the proceeding, or it may set them aside as irregular or otherwise deal with them in such manner as it deems just.

Matters Not Dealt with by These Rules

 In matters not specifically provided for by these rules, the practice and procedure of the Supreme Court of Newfoundland relating to civil proceedings, as far as they can be made applicable, with appropriate changes, apply mutatis mutandis.

Copies of Rules for Convicted Persons

 The Superintendent of Her Majesty’s Penitentiary and the person in charge of every jail or other place of detention in the Province shall furnish a copy of these rules to any convicted person in his custody who asks for them.

Effective Date

 These rules shall come into force on the 2nd day of September, 1986.

 
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