Bail to be granted to appellant sentenced to less than three months. 133A. (1) Where an appellant, who is sentenced to a term of imprisonment for less than three months, has given notice of appeal then, if he is in custody, the Magistrate or Justice whose decision is appealed against, or if that Magistrate or Justice is not available some other Magistrate or Justice shall grant him bail. (2) Within nine days after the pronouncing of the decision an appellant to whom subsection (1) applies shall, unless he remains in custody under section 136, enter into a recognisance with one or more sureties in such sum as the Magistrate or Justice thinks sufficient acknowledged before him and conditioned that the appellant appear before the Court of Appeal and do not depart therefrom without leave and prosecute the appeal and abide by the judgment of the Court of Appeal and pay such costs as may be awarded by the Court of Appeal. (3) A recognisance referred to in subsection (2) shall be in the form set out as Form 3 in the Fourth Schedule; but the Court may consent to a deposit of money into Court from or on account of any person in lieu of such surety or sureties and in such case, upon the deposit of the sum required by the Magistrate or Justice, the appellant shall enter into a recognisance in the form set out as Form 4 in the Fourth Schedule. (4) An appellant to whom this section applies may at any time apply to a Judge of the High Court to review any decision of a Magistrate or Justice granting bail under this section; and on any such application the Judge may, in his discretion, confirm or modify such decision, and thereupon the appellant is not entitled to make a fresh application to any other Judge of the High Court to review the decision of the Magistrate or Justice.
Posted on: Fri, 06 Sep 2013 03:17:53 +0000
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