(8) No order for the surrender of any person may be executed –
(a) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(b) before such an appeal has been disposed of.
PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(9) (a) Any person against whom an order has been issued under subsection (5) may, within 21 days of the date of the order, appeal against such order to the Supreme Court.
(b) On appeal, the Supreme Court may make such order in the matter as it may deem fit.
(c) No order for the surrender of any person may be executed –
(i) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(ii) before such an appeal has been disposed of
201. Right of appeal
(1) (a) Where a person in respect of whom an order to enter into a recognisance has been made by any Court, other than the Supreme Court, did not plead guilty or admit the truth of the information, that person shall have a right of appeal against that order to the Supreme Court, in the same manner as if he had been convicted of the offence charged.
(b) The District and Intermediate Courts (Criminal Jurisdiction) Act shall apply to an appeal under this subsection.
(2) On the hearing of an appeal under subsection (1) or of a case stated, the Supreme Court shall have, in addition to the powers exercisable under the District and Intermediate Courts (Criminal Jurisdiction) Act, the power of amending, altering or cancelling any of the conditions contained in the recognisance entered into by the offender under this Act.
(3) On the hearing of an appeal or a case stated, the Supreme Court may exercise the power as to the absolute or conditional discharge of the offender which is by this Act vested in the Court hearing the original charge.
[S. 201 amended by s. 3 (1) (f) of Act 11 of 2007 w.e.f. 21 July 2007.]
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.