Section 3: Constitution of Court of Criminal Appeal
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Constitution of Court of Criminal Appeal
(1) There shall be a Court of Criminal Appeal, and the Chief Justice and
the Puisne Judges shall be Judges of that Court.
(2) For the purpose of hearing and determining appeals and applications
for review under this Act, the Court shall be duly constituted by 3 Judges.
(3) The Court shall sit in Port Louis in the building for the time being assigned as a Court House for the sittings of the Supreme Court, except in
cases where the Chief Justice gives special directions that it shall sit at
some other place.
(4) The Chief Justice, if present, and in his absence the Senior Puisne
Judge of the Supreme Court for the time being, shall be president of the
Court.
(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) The Court shall be a superior Court of record, and shall, for the purposes of and subject to this Act, have full power to determine any question
necessary to be determined for the purpose of doing justice in the case before the Court.
(7) 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.
(8) Rules of Court shall provide for securing sittings of the Court, if necessary, during vacation.
[S. 3 amended by Act 29 of 1992; s. 4 of Act 20 of 2013 w.e.f. 3 August 2013.]
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