sec.78Registrar to give notice of particular orders

sec.78 Registrar to give notice of particular orders

This rule applies if the court makes any of the following orders under the Code , section 672 — an order staying execution of an order quashing an appellant’s conviction; an order for the appellant’s detention or return to the appellant’s former custody; an order giving bail to the appellant. The registrar must give written notice of the order and its terms to the following persons— the appellant; if the appellant is or was in custody, the chief executive (corrective services) and— the general manager of the prison in which the appellant is or was in custody; or if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody. Subrule (4) applies if an order mentioned in subrule (1) (b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction. The registrar, when giving a notice under subrule (2) , must also give to the appellant a written notice stating that if the appellant considers they were wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code , section 672 (3) for— the immediate execution of the original order quashing the conviction; and the appellant’s immediate release; and the payment of compensation to the appellant as the court or judge considers appropriate. r 78 amd 2024 SL No. 178 s 27 (sec.78-ssec.1) This rule applies if the court makes any of the following orders under the Code , section 672 — an order staying execution of an order quashing an appellant’s conviction; an order for the appellant’s detention or return to the appellant’s former custody; an order giving bail to the appellant. (sec.78-ssec.2) The registrar must give written notice of the order and its terms to the following persons— the appellant; if the appellant is or was in custody, the chief executive (corrective services) and— the general manager of the prison in which the appellant is or was in custody; or if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody. (sec.78-ssec.3) Subrule (4) applies if an order mentioned in subrule (1) (b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction. (sec.78-ssec.4) The registrar, when giving a notice under subrule (2) , must also give to the appellant a written notice stating that if the appellant considers they were wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code , section 672 (3) for— the immediate execution of the original order quashing the conviction; and the appellant’s immediate release; and the payment of compensation to the appellant as the court or judge considers appropriate.