10Power of Supreme Court to grant indemnity certificate to successful appellant in certain cases

10 Power of Supreme Court to grant indemnity certificate to successful appellant in certain cases

[Section 10 Amended by No. 19 of 1990, s. 5 ][Section 10 Substituted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022]

(1)  Where –

(a) there is an appeal from the decision of a court of summary jurisdiction to the Supreme Court; and

(b) the respondent does not appear either in the proceedings before the court of summary jurisdiction or on the appeal; and

(c) the appeal succeeds but the Supreme Court refuses to order the respondent to pay the appellant's costs of the appeal –

the Supreme Court may, on application made in that behalf, grant to the appellant in the appeal or to one or more of several appellants in the appeal an indemnity certificate in respect of the appeal.

(2)  Notwithstanding subsection (1)(b) , where an appeal succeeds in criminal proceedings, the Supreme Court may grant to the appellant in the appeal or to one or more of several appellants in the appeal an indemnity certificate in respect of the appeal.

(3)  Subsection (2) does not apply in respect of an appellant to whom legal aid, within the meaning of the Legal Aid Commission Act 1990 , has been provided.