Paragraph 1

For section 442 (appeal by stated case), there shall be substituted the following sections—

“ Right of appeal.

442

(1)

Without prejudice to any right of appeal under section 453A of this Act—

(a)

any person convicted in summary proceedings may appeal under this section to the High Court—

(i)

against such conviction ;

(ii)

against the sentence passed on such conviction ; or

(iii)

against both such conviction and such sentence ;

(b)

the prosecutor in such proceedings may so appeal on a point of law—

(i)

against an acquittal in such proceedings ; or

(ii)

against a sentence passed in such proceedings.

(2)

By an appeal under subsection (1)(a) of this section or, as the case may be, against acquittal under subsection (1)(b) of this section, an appellant may bring under review of the High Court any alleged miscarriage of justice in the proceedings, including, in the case of an appeal under the said subsection (1)(a), any alleged miscarriage of justice on the basis of the existence and significance of additional evidence which was not heard at the trial and which was not available and would not reasonably have been made available at the trial.

Method of appeal against conviction or conviction and sentence.

442A

(1)

Where a person desires to appeal under appeal section 442(1)(a)(i) or (iii) or (b) of this Act, he shall pursue such appeal in accordance with the provisions of sections 444 to 453, 453D and 453E of this Act.

(2)

A person who has appealed against both conviction and sentence, may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, subject to such procedure as may be prescribed by Act of Adjournal under this Act.

442B

Where a person desires to appeal against sentence alone, under section 442(1)(a)(ii) of this Act, he shall pursue such appeal in accordance with the provisions of sections 453B to 453E of this Act:

Provided that nothing in this section shall prevent a convicted person from proceeding by way of a bill of suspension in respect of any alleged fundamental irregularity relating to the imposition of the sentence..”