260.
Accused to be heard on Appeal.
The Court of Appeal, or the High Court or the County Court may in exercising their
powers under this Code hear the accused or the complainant or the prosecutor either in
person or by agent, and the accused is entitled to be heard in person or by agent if the
court decides to increase the sentence or alter it to his detriment.
261.
Non-Interference with the Finding, Sentence or Order in Certain Cases.
The Court of appeal in exercising the powers of confirmation or appeal, and the High
Court, the Court of a County Judge in exercising its power of appeal, shall not interfere
with any finding, sentence or other orders of the court on the ground only that evidence
has been wrongly admitted or that there has been a technical irregularity in procedure if
the accused has not been prejudiced in his defense and the finding, sentence or order is
correct.
262.
Vacancies in Court to which Judgement is sent back.
Whenever a finding or sentence is sent back by the confirming or appellate authority
under this chapter and owing to death, transfer or the cause it is impossible to reconstitute
the Court as originally constituted the President of Court of Appeal, the High Court Judge
or the County Court Judge as the case may be shall nominate a Magistrate or Magistrates
to fill the vacancy or vacancies.
263.
Prohibition of Hearing on Appeal.
No Magistrate shall take part in any appeal against a finding, judgement or order made by
him or in the making of which he participated.
CHAPTER XXV
EXECUTION
264.
Execution of Death Sentence.
When a person is sentenced to death, the Magistrate or President of the Court shall issue
a warrant committing him to prison pending confirmation of the sentence by the Court of
Appeal and the Chairman. When the sentence has been confirmed or altered, the
President of the Court of Appeal shall issue such warrant to the officer in charge of the
prison as may be necessary to cause the sentence as confirmed or altered to be carried
into effect.
NOTE: for forms of warrant see Schedule 111, 33 and 34.
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