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British Columbia Court of Appeal Criminal Appeal Rules, 1986

Version of section 19 from 2006-03-22 to 2019-09-18:

  •  (1) On an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and serve a copy thereof on the prosecutor.

  • (2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application including the following:

    • (a) a statement of all places where he has resided for the three year period preceding the date that he was sentenced;

    • (b) the place where he intends to reside if he is released;

    • (c) the name of his employer and the place of his employment where he was employed before being placed in custody;

    • (d) his employment prospects if released;

    • (e) the names and addresses of his relatives or other persons who may serve as prospective sureties;

    • (f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and sentences imposed.

  • (3) The appellant may accompany his application with any other material that he considers will be relevant to the application.

  • (4) Unless a justice otherwise orders, submissions on an application under this section by an appellant who is not represented by counsel shall be in writing.

  • (5) Upon the appellant complying with an order for release,

    • (a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or

    • (b) a justice of the peace who took the recognizance, in any other case,

    shall issue a notice of release in Form 9 to the person having custody of the appellant.

  • (6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar.

  • SI/91-81, s. 7

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