§ 298 — Mode of delivering judgment

298.—(1) The court must deliver judgment in every criminal trial, criminal appeal, case stated, criminal revision, criminal reference or criminal motion in open court immediately after the trial, appeal, case stated, criminal revision, criminal reference or criminal motion, or at a later time of which due notice must be given to the parties or their advocates.(2) A judgment must be delivered either orally or by written grounds of decision.

(3) Where a judgment is delivered by written grounds of decision, the judgment may be delivered by pronouncing the court’s decision with an oral summary of the written grounds, and giving a copy of the written grounds to the parties or their advocates either on the date of the court’s decision or at a later date.

(4) Where a trial judge had delivered judgment in any manner referred to in subsection (2), the trial judge may, at any time before the appeal is heard, give further grounds for his or her decision, which may include grounds other than the grounds of decision given earlier by the trial judge.

(5) Where an appellate court had delivered judgment orally, it may, at a later date, give in writing the grounds of its decision, which may include grounds other than the grounds of decision given earlier by the appellate court.

(6) Where the appellate court comprises more than one judge, it must ordinarily give only one judgment, which may be delivered by the presiding judge or by such other member of the appellate court as the presiding judge may direct.

(7) Separate judgments must be delivered if the presiding judge so directs.

(8) The judgment of any judge who is absent may be delivered by any other judge.

(9) If the accused is in custody, the accused must be produced before the court.

(10) If the accused is not in custody, the accused must attend to hear judgment delivered except when the accused’s personal attendance during the trial has been dispensed with and the sentence is one of fine only.

(11) Where the court reserves judgment in a trial, appeal, case stated, criminal revision, criminal reference or criminal motion, it may grant bail to the accused, with or without sureties, and on such terms and conditions as it thinks fit.

—(1) The court must deliver judgment in every criminal trial, criminal appeal, case stated, criminal revision, criminal reference or criminal motion in open court immediately after the trial, appeal, case stated, criminal revision, criminal reference or criminal motion, or at a later time of which due notice must be given to the parties or their advocates.

(2) A judgment must be delivered either orally or by written grounds of decision.

(3) Where a judgment is delivered by written grounds of decision, the judgment may be delivered by pronouncing the court’s decision with an oral summary of the written grounds, and giving a copy of the written grounds to the parties or their advocates either on the date of the court’s decision or at a later date.

(4) Where a trial judge had delivered judgment in any manner referred to in subsection (2), the trial judge may, at any time before the appeal is heard, give further grounds for his or her decision, which may include grounds other than the grounds of decision given earlier by the trial judge.

(5) Where an appellate court had delivered judgment orally, it may, at a later date, give in writing the grounds of its decision, which may include grounds other than the grounds of decision given earlier by the appellate court.

(6) Where the appellate court comprises more than one judge, it must ordinarily give only one judgment, which may be delivered by the presiding judge or by such other member of the appellate court as the presiding judge may direct.

(7) Separate judgments must be delivered if the presiding judge so directs.

(8) The judgment of any judge who is absent may be delivered by any other judge.

(9) If the accused is in custody, the accused must be produced before the court.

(10) If the accused is not in custody, the accused must attend to hear judgment delivered except when the accused’s personal attendance during the trial has been dispensed with and the sentence is one of fine only.

(11) Where the court reserves judgment in a trial, appeal, case stated, criminal revision, criminal reference or criminal motion, it may grant bail to the accused, with or without sureties, and on such terms and conditions as it thinks fit.