COURT OF CRIMINAL APPEAL

(1) There shall be a Court of Criminal Appeal, and the Chief Justice of the Island of Ceylon and the Puisne Justices of the Supreme Court shall be the judges of that court.

(2) For the purpose of hearing and determining appeals under this Ordinance, and for the purpose of any other proceedings under this Ordinance, the Court of Criminal Appeal shall be summoned in accordance with directions given by the Chief Justice, and the court shall be duly constituted if it consists of not less than three judges and of an uneven number of judges. If the Chief Justice so directs, the court may sit in two divisions. The court shall sit in Colombo except in cases where the Chief Justice gives special directions that it shall sit at some other place.

(3) The Chief Justice, if present, and in his absence the senior member of the court, shall be president of the court.

(4) A judge of the Court of Criminal Appeal shall not sit as a judge on the hearing of any appeal, or on the hearing of any application for leave to appeal, against a verdict given or sentence passed at a trial heard before him or before a bench of judges of which he was a member, or on the consideration of any point reserved by him under the provisions of section 355 of the Criminal Procedure Code.

(5) The determination of any question before the court shall be according to the opinion of the majority of the members of the court hearing the case.

(6) Unless the court direct to the contrary in cases where, in the opinion of the court, the question is a question of law on which it would be convenient that separate judgments should be pronounced by the members of the court, the judgment of the court shall be pronounced by the president of the court or such other member of the court hearing the case as the president of the court directs, and no judgment with respect to the determination of any question shall be separately pronounced by any other member of the court.

(7) The Court of Criminal Appeal shall be a superior court of record, and shall, for the purposes and subject to the provisions of this Ordinance, have full power to determine, in accordance with this Ordinance, any questions necessary to be determined for the purpose of doing justice in the case before the court.

(8) Rules of court shall provide for securing sittings of the Court of Criminal Appeal, if necessary, during the periods required to be observed as vacations of the Supreme Court under the Supreme Court (Vacation) Ordinance.

(9) Any direction which may be given by the Chief Justice under this section may, in the event of any vacancy in that office, or in the event of the incapacity of the Chief Justice to act for any reason, be given by the senior judge of the Court of Criminal Appeal.

(10) For the purpose of taking cognizance of and punishing in a summary manner any offence of con tempt committed against or in disrespect of its authority, the Court of Criminal Appeal shall have and be entitled to exercise all powers and authority conferred on the Supreme Court by section 47 of the Courts Ordinance.

(a) against his conviction on any ground of appeal which involves a question of law alone; and

(b) with the leave of the Court of Criminal Appeal or upon the certificate of the judge who tried him that it is a fit case for appeal, against his conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the court to be sufficient ground of appeal; and

(c) with the leave of the Court of Criminal Appeal, against the sentence passed on his conviction, unless the sentence is one fixed by law.

(1) The Court of Criminal Appeal on any such appeal against conviction shall allow the appeal if they think that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before which an appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal:

Provided that the court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.

(2) Subject to the special provisions of this Ordinance, the Court of Criminal Appeal shall, if they allow an appeal against conviction, quash the conviction and direct a judgment of acquittal to be entered:

Provided that the Court of Criminal Appeal may order a new trial if they are of opinion that there was evidence before the jury or the judges, as the case may be, upon which the accused might reasonably have been convicted but for the irregularity upon which the appeal was allowed.

(3) On an appeal against sentence the Court of Criminal Appeal shall, if they think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as they think ought to have been passed, and in any other case shall dismiss the appeal.

(4) Nothing in this section shall affect the power (which is hereby declared) of the Court of Criminal Appeal to order a new trial when the trial at which the conviction was had was a nullity by reason of any defect in the constitution of the court or otherwise.

(1) If it appears to the Court of Criminal Appeal that an appellant, though not properly convicted on some charge or part of the indictment, has been properly convicted on some other charge or part of the indictment, the court may either affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as they think proper and as may be warranted in law by the verdict on the charge or part of the indictment on which the court consider that the appellant has been properly convicted.

(2) Where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the verdict of the jury it appears to the Court of Criminal Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence, the court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

(3) Where on the conviction of the appellant the jury have found a special verdict, and the Court of Criminal Appeal consider that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Court of Criminal Appeal may, instead of allowing the appeal, order such conclusion to be recorded as appears to the court to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.

(4) If on any appeal it appears to the Court of Criminal Appeal that, although the appellant was guilty of the act or omission charged against him, he was, at the time the act was done or omission made incapable by reason of unsoundness of mind of knowing the nature of the act or that it was wrong or contrary to law, the court may quash the sentence passed at the trial and order that the appellant be kept in safe custody in such place and manner as the court think fit, and shall report the case for the orders of the Minister of Justice. 1 Upon such report, the appellant shall, for the purposes of Chapter XXXIII of the Criminal Procedure Code, be deemed to be an accused whose case has been reported for the orders of the Minister of Justice 1 under subsection (1) of section 374 of that Code.

(1) The operation of any order for the disposal of property made by the Supreme Court under Chapter XL of the Criminal Procedure Code on the conviction of any person on indictment, and the operation in case of any such conviction of the provisions of subsection (1) of section 24 of the Sale of Goods Ordinance as to the revesting of the property in stolen goods on conviction, shall (unless the court before which the conviction takes place directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended-

and in cases where the operation of any such order, or the operation of the said provisions, is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal. Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order or of the said provisions.

(2) The Court of Criminal Appeal may by order annul or vary any order made on a trial for the disposal of any property, although the conviction is not quashed; and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.

(1) Where a person convicted desires to appeal under this Ordinance to the Court of Criminal Appeal, or to obtain the leave of that court to appeal, he shall give notice of appeal or notice of his application for leave to appeal, in such manner as may be directed by rules of court, within fourteen days of the date of conviction. Such rules shall enable any convicted person to present his case and his argument in writing instead of by oral argument if he so desires. Any case or argument so presented shall be considered by the court.

Except in the case of a conviction involving sentence of death, the time within which notice of appeal or notice of an application for leave to appeal may be given may be extended at any time by the Court of Criminal Appeal.

(2) In the case of a conviction involving sentence of death or corporal punishment-

(1) For the purposes of this Ordinance, the Court of Criminal Appeal may, if they think it necessary or expedient in the interests of justice-

and exercise in relation to the proceedings of the court any other powers which may for the time being be exercised by the Supreme Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the court:

Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

(2) If a witness who is examined before the Court of Criminal Appeal gives evidence which, in the opinion of the court, is false evidence within the meaning of section 188 of the Penal Code, it shall be lawful for the court summarily to sentence that witness as for a contempt of court to imprisonment, either simple or rigorous, for any period not exceeding three months or to fine such witness in any sum not exceeding two hundred rupees.

(1) An appellant, notwithstanding that he is in custody, shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone, but in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal he shall not be entitled to be present, except where rules of court provide that he shall have the right to be present or where the court gives him leave to be present.

(2) The power of the court to pass any sentence under this Ordinance may be exercised notwithstanding that the appellant is for any reason not present.

(1) Subject to the provisions of subsection (2), the Attorney-General shall appear for the Crown on every appeal to the Court of Criminal Appeal under this Ordinance, and provision shall be made by rules of court for the transmission to the Attorney-General of all such documents, exhibits, and other things connected with the proceedings as he may require for the purpose of his duties under this section.

(2) The Solicitor-General, a Crown Counsel, or an advocate specially authorized by the Attorney-General in that behalf shall be entitled to appear for the Crown in place of the Attorney-General on every appeal to the Court of Criminal Appeal under this Ordinance.

(1) On the hearing and determination of an appeal or any proceedings preliminary or incidental thereto under this Ordinance no costs shall be allowed on either side.

(2) The expenses of any advocate or proctor assigned to an appellant under this Ordinance, and the expenses of any witnesses attending on the order of the court or examined in any proceedings incidental to the appeal, and of the appearance of an appellant on the hearing of his appeal on any proceedings preliminary or incidental to the appeal, and all expenses of and incidental to any examination of witnesses conducted by any Person appointed by the court for the purpose, or any reference of a question to a special commissioner appointed by the court, or of any person appointed as assessor to the court, shall be defrayed, up to an amount allowed by the court, but subject to such rates and scales of payment as may be prescribed by rules of court, in the same manner as the expenses of a prosecution before the Supreme Court.

(1) The Court of Criminal Appeal may, if they think fit, on the application of an appellant, admit the appellant to bail pending the determination of his appeal.

(2) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated in such manner as may be prescribed by rules made under the Prisons Ordinance.

(3) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and (subject to any directions which the Court of Criminal Appeal may give to the contrary on any appeal) the time during which the appellant, if in custody, is specially treated as an appellant under this section, shall not count as part of any term of imprisonment under his sentence; and, in the case of an appeal under this Ordinance, any imprisonment under the sentence of the appellant, whether it is the sentence passed by the court of trial or the sentence passed by the Court of Criminal Appeal, shall, subject to any directions which may be given by the court as aforesaid, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from the day on which the appeal is determined, and, if he is not in custody, as from the day on which he is received into prison under the sentence.

(4) Provision shall be made by rules under the Prisons Ordinance for the manner in which an appellant, when in custody is to be brought to any place at which he is entitled to be present for the purposes of this Ordinance, or to any place to which the Court of Criminal Appeal or any judge thereof may order him to be taken for the purpose of any proceedings of that court, and for the manner in which he is to be kept in custody while absent from prison for the purpose; and an appellant whilst in custody in accordance with those rules shall be deemed to be in legal custody.

(5) In order to enable rules to be made under the Prisons Ordinance for the purposes mentioned in subsections (2) and (4), such purposes are hereby added to the purposes enumerated in section 94 of that Ordinance.

(1) The Registrar shall take all necessary steps for obtaining a hearing under this Ordinance of any appeal or application, notice of which is given to him under this Ordinance, and shall obtain and lay before the court in proper form all documents, exhibits, and other things relating to the proceedings in the court before which the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

(2) If it appears to the Registrar that any notice of an appeal against a conviction, purporting to be on a ground of appeal which involves a question of law alone, does not show any substantial ground of appeal, the Registrar may refer the appeal to the court for summary determination, and, where the case is so referred, the court may, if they consider that the appeal is frivolous or vexatious, and can be determined without adjourning the same for a full hearing, dismiss the appeal summarily, without calling on any persons to attend the hearing or to appear for the Crown thereon.

(3) Any documents, exhibits, or other things connected with the proceedings on the trial of any person before the Supreme Court, who, if convicted, is entitled or may be authorized to appeal under this Ordinance, shall be kept in the custody of the court of trial in accordance with rules of court made for the purpose, for such time as may be provided by the rules, and subject to such power as may be given by the rules for the conditional release of any such documents, exhibits, or things from that custody.

(4) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of applications under this Ordinance to any person who demands the same, and to Superintendents of prisons, and to such other officers or persons as he thinks fit, and the Superintendent of a prison shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Ordinance, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.

(5) The Registrar shall report to the court or to some judge thereof any case in which it appears to him that, although no application has been made for the purpose, an advocate and proctor or an advocate only ought to be assigned to an appellant under the powers given to the court by this Ordinance.

(1) Shorthand notes shall be taken of the proceedings at the trial of any person before the Supreme Court who, if convicted, is entitled or may be authorized to appeal under this Ordinance, and on any appeal or application for leave to appeal a transcript of the notes shall be made if the Registrar so directs, and furnished to the Registrar for the use of the Court of Criminal Appeal or any judge thereof:

Provided that a transcript shall be furnished to any party interested upon the payment of such charges as may be fixed by rules of court.

(2) The Attorney-General[1] may, if he thinks fit in any case, direct a transcript of the shorthand notes to be made and furnished to him for his use and such transcript shall be made and furnished free of charge.

(3) Rules of court may make such provision as is necessary for securing the accuracy of the notes to be taken and for the verification of the transcript.

(1) Rules of court for the purposes of this Ordinance shall be made[1] by the judges of the Court of Criminal Appeal, or by any three of such judges of whom the president shall be one, with the advice and assistance of the Committee hereinafter mentioned. Rules so made may make provision with respect to any matter for which provision is to be made under this Ordinance by rules of court, and may regulate generally the practice and procedure under this Ordinance; and the officers of any court before which an appellant has been convicted, and the Superintendent and other officers of any prison or other officer having the custody of an appellant, and any other officers or persons, shall comply with any requirements of those rules so far as they affect that Superintendent or those officers or persons, and compliance with those rules may be enforced by order of the Court of Criminal Appeal.

(2) The Committee hereinbefore referred to shall consist of-

An advocate or a proctor of the Supreme Court who is appointed by the Minister of Justice [1] as a member of the Committee shall hold office on that Committee for such period as may be specified in his letter of appointment.

(3) All rules made under this section shall be laid as soon as conveniently may be before the Senate and the House of Representatives if Parliament is then in session, [1] and if not then in session, then so soon as possible after the commencement of the next ensuing session; and if a resolution of the Senate or the House of Representatives [1] is passed within the period of forty days next succeeding the date on which any such rule is so laid to the effect that any such rule shall be annulled, such rule shall thenceforth be void, but Without prejudice to the validity of anything previously done thereunder.

(a) refer the whole case to the Court of Criminal Appeal, and the case shall then be heard and determined by the Court of Criminal Appeal as in the case of an appeal by a person convicted; or

(b) if he desires the assistance of the Court of Criminal Appeal on any point arising in the case with a view to the determination of the petition, refer that point to the Court of Criminal Appeal for their opinion thereon, and the court shall consider the point so referred and furnish the Governor-General 3 with their opinion thereon accordingly.

(1) In this Ordinance, unless the context otherwise requires-

” appellant ” includes a person who has been convicted and desires to appeal under this Ordinance;

” Chief Justice ” includes a person duly appointed to act as Chief Justice, and ” Puisne Justice” includes a person duly appointed to act as a Puisne Justice;

” Registrar ” means the Registrar of the Court of Criminal Appeal and includes a Deputy Registrar of that court;

” rules of court ” means the rules made under section 19;

” sentence ” includes a sentence of police supervision or preventive detention;

” verdict ” or ” verdict of a jury ” in the case of a trial before a bench of three judges without a jury under section 440a of the Criminal Procedure Code means the finding of that bench of judges.

(2) Where any judicial or public officer is referred to in this Ordinance by the title or designation of his office, any person for the time being acting in that office shall be deemed to be included in that reference.