Notice to Attorney General
31 An application for judicial interim release pending appeal shall be made on no less than one clear day’s notice to the Attorney General unless the Attorney General agrees to a shorter period of notice.
Compliance with Rule 11 required
32 On an application for judicial interim release, where oral evidence was taken at trial, the appellant shall satisfy the judge that he or she has complied with the requirements of Rule 11.
- SI/2003-136, s. 13.
Order allowing judicial interim release
33 Where a judge determines that the appellant should be allowed judicial interim release on entering into a recognizance, the judge shall specify, in an order in Form 4 of the schedule, the amounts in which the appellant and his or her surety or sureties, if any, shall be bound on recognizance, and shall specify such conditions as may be appropriate, such as a date before which the hearing must be held.
- SI/2003-136, s. 13.
Form of recognizance
34 (1) A recognizance ordered under rule 33 shall be in Form 5 or 6 of the schedule and may be declared before the registrar, who shall, subject to subrule (2), satisfy himself or herself as to its sufficiency.
34 (2) Where Crown counsel advises that the Crown is satisfied as to the sufficiency of a recognizance, no further inquiry by the registrar is required.
- SI/2003-136, s. 14.
Release of appellant
35 (1) The recognizances of an appellant and of his or her surety or sureties, if any, shall be filed with the registrar, who shall without delay, in Form 7 of the schedule, notify the warden, superintendent or jailer of the correctional institution in which the appellant is confined of the granting of judicial interim release and of the right of the appellant to be released from custody unless the appellant is detained for some other cause.
35 (2) A notice under subrule (1), when received by the warden, superintendent or gaoler, is sufficient authority for him or her to release the appellant from custody.
- SI/2003-136, s. 15.
Termination of surety’s obligations
36 (1) A surety who suspects that an appellant is about to depart from the province contrary to a condition of the appellant’s recognizance or to fail to observe any other condition of the recognizance, may apply to the registrar for termination of his or her obligations as surety.
36 (2) Where the obligations of a surety are terminated under subrule (1), the registrar shall issue a warrant for the apprehension of the appellant.
Committal of appellant
37 An appellant who is apprehended under a warrant issued under rule 36 shall be taken before a judge who shall, on verification of the information laid, commit the appellant to a correctional institution.
Revocation of judicial interim release order
38 At any time after an appellant is granted judicial interim release, a judge may, if he or she is satisfied that it is in the interests of justice to do so, revoke the order allowing judicial interim release, issue a warrant for apprehension of the appellant and order the appellant to be committed.
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