Section 17: Duties of Registrar

17. Duties of Registrar (1) The Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeal or application, notice of which is given to him under this Act, 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) Where 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 it considers that the appeal is frivolous or vexatious, and can be determined without adjournment for a full hearing, dismiss the appeal summarily, without calling on any person to attend the hearing or to appear for the State. (3) Any document, exhibit, 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 authorised to appeal under this Act, shall be kept in the custody of the Supreme Court 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 under this Act to any person who demands them and to the Commissioner of Prisons and such other persons as he may determine, and the Commissioner of Prisons shall cause those forms and instructions to be placed at the disposal of prisoners who desire to appeal under this Act, 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 a Judge any case in which it appears to him that, although no application has been made for the purpose, an attorney and barrister, or barrister only, ought to be assigned to an appellant under the powers given to the Court by this Act. [S. 17 amended by Act 48 of 1991; Act 15 of 1994.] [Issue 6] C56 – 8 Revised Laws of Mauritius