§ 386 — Appeal to be heard by one or more Judges

386.—(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.[40/2019]

(2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal.[40/2019]

(3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them.

(4) If the Public Prosecutor requests in writing at any time —(a)

before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or

(b)

before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges,

and the Chief Justice consents to the request, the appeal must be heard by such a court.

[40/2019]

(5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.

—(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.[40/2019]

(2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal.[40/2019]

(3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them.

(4) If the Public Prosecutor requests in writing at any time —(a)

before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or

(b)

before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges,

and the Chief Justice consents to the request, the appeal must be heard by such a court.

[40/2019]

(5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.