CAP. 75
Criminal Procedure Code
[Rev. 2012]
(3) No appeal shall be allowed in the case of an accused person who has
pleaded guilty and has been convicted on that plea by the High Court, except as
to the extent or legality of his sentence.
(4) Save in a case where the appellant has been sentenced to death, a judge
of the High Court, or of the Court of Appeal, may, where an appeal to the Court
of Appeal has been lodged under this section, grant bail pending the hearing and
determination of the appeal.
(5) Where a person has been acquitted in a trial before the High Court in the
exercise of its original jurisdiction and the Director of Public Prosecutions has,
within one month from the date of acquittal or within such further period as the
Court of Appeal may permit, signed and filed with the Registrar of that court a
certificate that the determination of the trial involved a point of law of exceptional
public importance and that it is desirable in the public interest that the point should
be determined by the Court of Appeal, the Court of Appeal shall review the case
or such part of it as may be necessary, and shall deliver a declaratory judgment
thereon.
(5A) Where the Director of Public Prosecutions certifies that a sentence passed
by the High Court in the exercise of its original jurisdiction should be reviewed by
the Court of Appeal, the Court of Appeal may, after giving the accused person or his
advocate an opportunity of being heard, make such order by way of enhancement
of sentence or maintaining the sentence passed as is consistent with the ends of
justice.
(6) A declaratory judgment under subsection (5) shall not operate to reverse
an acquittal, but shall thereafter be binding upon all courts subordinate to the Court
of Appeal in the same manner as an ordinary judgment of that court.
[Act No. 22 of 1959, s. 39, Act No. 7 of 1990, Sch., L.N. 274/1990, Act No. 12 of 2012, Sch.]
PART XII – SUPPLEMENTARY PROVISIONS IRREGULAR PROCEEDINGS
380. Proceedings in wrong place
No finding, sentence or order of a criminal court shall be set aside merely on
the ground that the inquiry, trial or other proceeding in the course of which it was
arrived at or passed took place in a wrong area, unless it appears that the error
has occasioned a failure of justice.
[L.N. 124/1964.]
381. Repealed by Act No. 33 of 1963, First Sch.
382. Finding or sentence when reversible by reason of error or omission in
charge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order
passed by a court of competent jurisdiction shall be reversed or altered on appeal or
revision on account of an error, omission or irregularity in the complaint, summons,
warrant, charge, proclamation, order, judgment or other proceedings before or
during the trial or in any inquiry or other proceedings under this Code, unless the
error, omission or irregularity has occasioned a failure of justice:
[Issue 1]
C44 - 104
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