OpenLegislation

Rule 7 Application for bail, leave to be present or reception of evidence

Original text. Later amendments are not shown.

(1)

Except where made to the Court orally, an application by the appellant—

(a)

to be admitted to bail pending the determination of his appeal or pending his retrial shall be in Form 5 and, unless notice of appeal or of an application for leave to appeal has previously been given, shall be accompanied by such a notice,

(b)

subject to paragraph (4), to be given leave by the Court to be present at the proceedings for which such leave is required shall be in Form 6,

(c)

that a witness who would have been a compellable witness at the trial be ordered to attend for examination by the Court shall be in Form 7,

(d)

that the evidence of a witness or any other evidence be received by the Court shall be in Form 7.

(2)

Forms 5 and 7 must be submitted where any application to which these forms relate is made, but Form 6 need not be submitted where the notice of appeal or application for leave to appeal contains an application to be present.

(3)

The form in every application to which this rule relates must be served on the Registrar.

(4)

Where an appellant is unrepresented or is under sentence of death he may be present at the hearing of his appeal or at any application relating to his appeal, other than an application before a single judge of the Court, without making an application for leave to be present under this rule.