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(3)  Attorney-General means the Attorney-General as defined in s. 2 of the Code and includes counsel instructed by him for the purpose of an appeal.

(7)  Prosecutor means a prosecutor as defined in s. 2 of the Code.

(4) Non-compliance with the Rules shall not render any proceedings void, but the same may be amended, set aside, or otherwise dealt with as may be just by an Appellate judge or the Court.

(6.2) The Court or a Judge thereof may, on motion by the appellant or, in the case of a prisoner appeal, on the motion of the Court or a Judge thereof, and on proper grounds being shown, continue any appeal referred to in subrule (6.1) by order before or after the expiration of the time fixed by that subrule and on such terms as may be just.

(7) If the appellant or respondent obtains leave of the Court to call further evidence upon the hearing of the appeal, the attendance of any witness or the production of any document may be obtained in the same way as that provided for by the Rules of the Supreme Court in civil matters, and all the provisions of such Rules so far as they are applicable, shall apply to the production of evidence upon an appeal.

841 An appeal or an application for leave to appeal under the Code shall be made by filing and serving a notice of appeal in the manner and within the time as hereinafter directed.

842 (1) An Appeal under The Summary Convictions Act of Alberta shall be made by filing a certificate granted under the Act and by filing and serving a notice of appeal in the manner and within such time as is hereafter directed.

844 (1) The filing and serving of a notice of appeal shall be effected:

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• (iii) in an appeal by the Attorney-General, by filing two (2) copies of the notice of appeal with the registrar and by personal service on the person in respect of whose trial disposition the appeal is brought, unless otherwise ordered by an Appellate judge, provided that where substitutional service is ordered, no appeal shall be argued without leave of the Court, and on such application for leave, the Court may give further directions as to service.

847 (1) No time or place for the hearing shall be stated in the notice of appeal. The registrar shall forthwith after receipt of the notice, other than a notice of an application to an Appellate judge for leave to appeal, enter the case on the lists of appeal for the next ensuing sittings of the Court, and all necessary directions as to the hearing of the appeal or application may be given by the Court or any judge thereof.

(2) Where a trial judge requires notice of the application:

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• (iii) if the certificate is granted, the notice of appeal shall be mailed or filed as provided in s. 844(1) within thirty (30) days from the date of sentence, or within two (2) clear days after the certificate is granted, whichever is the later.

(3) The Sentence Material shall include the following:

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• (ii) a Statement of Facts as related to the trial judge;

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• (iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.

(2) In any appeal against sentence by either a convicted person or the Attorney-General, the Court of its own motion may treat the whole matter of sentence as open, and on an appeal by a convicted person, may increase or vary the sentence, and on an appeal by the Attorney-General, decrease or vary the sentence, provided that notice that such increase or variation is to be considered, is given by the Court so that the convicted person or the Attorney-General may be heard on such disposition.

858 (1) Subject to the other subsections of this Rule, all documents, exhibits and things connected with a trial shall be retained by the Provincial judge or by the clerk of the Court for forty (40) days after sentence or acquittal, as the case may be.

(2) At any time after a trial, the trial judge or an Appellate judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.

(4) Upon receipt of a copy of a notice of appeal, the Provincial judge or the clerk of the Court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3) hereof.

(2) Where the evidence and proceedings are not taken by a court reporter, but by a sound-recording apparatus, as authorized under Provincial legislation, a transcript of such recording, certified by a court reporter, shall be prima facie proof of such evidence and proceedings.

(3) Where the evidence and proceedings are not taken by a court reporter, and are not taken by a sound-recording apparatus, as authorized under Provincial legislation, then depositions taken in accordance with s. 468 shall be prima facie proof of such evidence and proceedings.

(4) In this Rule, official court reporter means

• (i) a person appointed as an official court reporter by order of the Attorney General; or

(3) An appeal which is abandoned shall be as if no appeal had been taken.

860D A sufficient number of copies of these Rules shall be prepared by the registrar at Calgary (Edmonton) and sent to every keeper of a Provincial Gaol in Alberta, and to the wardens of the Penitentiary at Prince Albert, and the Penitentiary at Drumheller, and such other penal institutions in Alberta as may be operated by the Government of Canada, and the registrar shall also send to the said keepers and wardens a copy of sections 603, 607, 610 and 612 of the Criminal Code for any convicted person in his custody who requests the same.