Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068241527.pdf (Guyana)
FEDER L SUPREME COURT (APPEALS), ORDI A TCE, 1958.

ORDINANCE To.

19 of 1958.

/) I assent.

� ,,.._ .

,� ,.,.........

.

Governor.

BRITISH GUIANA.

l\fay, 1958.

Section Arrangement of Sections.

Short title.

Interpretation.

Commencement.

PART I GE ERAL PROVISIONS Law to be administered powers of the Federal General of oaths.

Administration Restriction on institution of mercy.

Prcrogati,;e on hearing of appeals.

Supreme Court.

of vexatious actions.


I 3 -t 5 6 '7 I 8 2 THE LAWS OF BRITISH GUIANA [AD.

1958.

PART !l CIVIL APPEALS matters.

Supreme in civil Appeals Powers of Federal ,\clditional appeals Pmrcr of Federal \V rorn; rulings in civil matters.

Supreme Conrt as to new trials.

as to sufficiency of stamps.

powers of Federal Supreme Court on hearing Court on a1)pcal in civil matters.

PART III CRIMINAL APPEALS in criminal cases.

in ordinary cases.

Conrl: in special cases.


g and restitution of pmpcrty on conviction.

powers of Federal Supreme Conrt.

ro hail :md custod� when attending :md c01nrnc11ccmcnt of sentence.

of .l])pclhmt Definitions.

Right of appeal Determination of :1ppcals Powers of Federal Supreme Rc-vcstiu Supplementary .\chnissiou court.

Compnt:1tion 'fimc for appealin g. Stav of execution.

fudge's Legal assistance Costs of appeal.

Right of appellant Dutv of :\ttorncv Pm\:crs Case stated Provjsions section 30.
C,1s.1� Appeals Prm·isions section Jnrisdicti011 dusivc.

st-atcd 33. notes ,md report to he furnished to appellant.

on nppc::iL to be present.

General.

which n{ay be exercised by a judge of the Conrt.

or question of law reserved.

applicable of this Ordinanct: to proceedings under b) judge al request of Federal Supreme Court.

from inferior courts.


applicable of this Orchmmcc to proceedin gs nndcr of the Feclcn1l Supreme Court nnder Part III e.•:­ 9 10 l l 12 n H E ]6 17 1K 19 20 7·.\ :-1- 2:; 26 27 28 zq 10 31 .., .. )) PART IV 'fR.t\NSr1'fONAL PRO'VJSIONS PART V REPEALS _,\rne11c1ltlcnt of Suprcn1c Cotrrt A!

)pe�il of Srnnnnrr f Ordin:mcc.

uri,,dicbnn ( hdinctncc.

�(-; Rcpc�il of Crimiml :�0 \mcnchnc11t Schcd11k.

\ppecth) Ordinance.

3 A.D. 1958J FEDERAL SUPREME COURT ------------ (APPEALS).

[No.
[No.

19 Supreme Court of ?he AN ORDINANCE to confer on the Federal jurisdiction West Indies the Supreme Court of British connected therewith.

to hear and determine from appeals Guiana and for matters Enacted by the Legislature of British Guiana:- A.D. 1958 L This Ordinance 1958.

Ordinance, U\ppcals) may be cited as the Federal Supreme Court Short iitle.

2.In this Ordinance.


unless the context "Chief �'order Justice' n in Parts II and HI of this Ordinance means the Chief Justice otherwise r uires - n; of the · · Interpreta• tion.
includes decision or judgment; "rules of court" means rules made time being to make rules or orders� practice exercise Guiana (Ap havin for the regu ing the an edurc of the Federal in of ction conferred on it u the British 1957; by the authoritv Order in Council, "the Federal lature,, means the Federal Legislature estab- "the Federal Su means the Federal Supreme Court lished for Federation; ne Courf' the Federation; means the Federation •�the established Federation'· lished bv the West Indies 1957; .
"the Full "the Supreme Courf' Court' means the Full Court of the Supreme Court of British Court; Gui­ 1 means the Supreme the Full Court.

ana, and includes of The \Vest Indies estab­ (Federation) Order in Council.

;_ This Ordinance Governor may 1?, order appoint, different prodsions.

sliall come into operation 011 snch date as the commence­ and different for ment.
dates mav be appointed PART I GENERAL PROVISIONS to the provisions 4.Subject :md procedure Snprc1nc ing and dt:termination of apply to Supreme such appeal Court.

ot rules of conrt rcgulatino the practice Law to be adminis­ tered on Court, hearing of lo the case in the appeals.

from a decision the hw ,Yhich \\-a5 applicable of the Federal of the Supreme shall, in tiie hear­ the Cotirt an appeal Court� 5.Subject to the provisions General in Council, powers o!
in the exercise Ycstcd the Federal Supreme �ill the pmvcrs and .

:iuthorihcs vested Court.

Conrt of Judicature 1957, and of anv Ordinance, of anv jurisdictfrm in or exercisable 1958. on the first day of January, Guiana (Appeals) the Federal reme Court shall by the Supreme of the British in England Order in it lw th Ordinance, have No.

19] THE LAWS OF BRITISH GUIANA [A.D. 1958.

4 Admlnl.

!­ tration of oaths.

6.

( 1} The Federal administer quire and any necessary oath.
1nay re­ Supreme Court m any ju<lgc thereof (2)Without to be administered.

an oath may be administered sons to administer oaths for anv an oath pr · dice to any other ower to require on which ru1cs court may pres the occasions · fied in the rules - and may authorise any of the following per- (a) the trar 'o eral Sup rerne Court: or the Restriction on in::.titution of vexatious ac-tions.

(b) of the eme Court; n dulyorised bv law to administer oaths Court.

., .
., .

( 1 '} 1 e purpose f on an application of the Supreme made by the Attorney Court is satisfied General that any on has undc1 or against: the Federal.

anc without ground tituted anv reasonable the Federal �upremc and persistently this section habitualk Supreme vexatious legal proceedings in against the same person pcrsous, different: bea · t person or giving tha 11 proceedings shall he mstitntcd thereof shall not ·ven unless ,;;atisficd and that ,t�ere is prima facie ground for the proce�dings.
(2) A copy of any order made under this Court, the Court rn,n-, ,1Hcr him an o rtunity order of being heard, without leave of the Court or a judge h, him in the Federal Sunrcme Court and such JcaH.

: arc not an abuse of the process t the proceedings Court or a judge thereof is the Federal shall be Supreme' of the court section pub­ and whether Gazette.

lished in the 8.Nothing in this Ordinance shall affect the prerogativ e of 111t.:rcr.

Prerogative r,f mercy.

Appeals m dvil matters.


PART II CIVIL APPEALS 9.

(rJ The Federal Supreme or upon a question any matter arising of law reserved and detcnnine �tatcd of the Supreme anv Ordinance.
·· Court shall haYe jurisdiction in any civil edings upon a. case to hear by the 111 Court or b Jt1dge Court pursuant to any power conferred in that alf by (2) Subject lie to the Federal Supreme of the Full Court or of a ju of the Supreme fore or after the date on wh h this Ordinauce �uch order is - as otherwise provided in this section, Court in any cause or matter an appeal from any order Court (whether made be­ comes into force) where shall (a) final and is not-- (i) an order of a in chambers or in a summary judge of the Snpremc proceed· Court made ( ii1 an order made with the consent (ii() an order as to costs; (i,·) an order referred section; {b) a {kcrcc nisi in :1 matrimonial cause or an order in au to in paragraph (d) of this sub­ of parties; admiralty action determining liability� bY rules of court to be of the nature of a final (c)declared order; from any other court, tribunal, (d) an order upon appeal body or person.
i 3) :Ko I shall lie from an order referred to in paragrapl1 (<l) of subsection , (a) except- .

of this section-• (i) upon a question of law; or A.D. 1958J FEDERAL SUPREME COURT (APPEALS) (No.

JP 5 (ii) where such order precludes of his profession of .

ic office, from member any from the or ,.

from the exercise holdinrr public tion of a member for any such body; \\'ith judge making the order or of the Federal Court.

(4) \Vith the t,b) in any case.


except lem·e of the FuJl Comt 1)ody or from the right to vote at t e elec­ the leave of the Full Court or Snp rcnn: of a or of the Federal from a decision Supreme of the 'FuH an appeal Court, Court upon appeal order referred of this scctio11 not referred shall lie nndcr this st·clfon from a judge of the Supreme to in paragraphs or in respect of an (aJ (iL !
:1) (ii) of the Supreme Court iu respect (2) Conrt of au order of a jmlgc or (a) (iii) of subsection to in the said snbscction.
(5)No appeal shall lie under this section-• (a) from any order made in any criminal an extension (b)from an order cause or matter; of time for appeal aJlowing (c) from an order of a indge giving unconditional leave to ing from an order; defend an action; (d) from an order obtained partc application: bY default or made on an ex ( e)from an order of a judge exercising under section <) of the Summarv Ordinance; a magistrate (1\f agistrates) of the jurisdiction J nrisdiction Cap.

12.
12.

(f)from a determination of the Fnll Court nndcr sub­ section (8) of this section; in favour of anv party who having or nnllitv for the dissolntion of had time nisi on which has not appealed from that from the ckcrec (g) from an order absolute marriage and JorhmilY the der was founded, decree.
(6)Ko appeal Full Court or of a j c any Ordinance that decision to apix:a1 shall lie under this section of the Supreme from any order of the by Court where it is provided (7)The jurisdiction Supreme Court under he to the exclusion the provisions of the jurisdiction of anv other court: is Part of this Ordinance sl1ali of such Court or judge shall be final.
to hear eals vested in the Federal ProYided that a judge of the Supreme Court may hear and deter-• incidental to the ap and not invo1vi the mine such applications decision o n any such application Supreme thereof as may be prescribed by rules court; may be discharged Court.

(8)Where any doubt arisesrding the categorv.

d (2) of this section into h an order of the Full Court mentione hut an ord ade or varied by fhe Federal in subsection or of of the Supreme by th urt or by the Federal a summary way.
Court falls, such doubt may be cleterrnined Supreme Court upon application in l 0, (1) On the hearing Court in anv civil cause power to-· or matter, of an a1)pea1 from the Federal any order of t�e Supreme Supreme Court shall have (a) confirm, varv, amend, or set aside the order or make such order as the court from whose order the appeal any is Powers of .F'ederal Supreme Court on appeal in civil matters.
6 THE LAWS OF BRITISH GUIANA [A.D, 1958 brought might have made, or to make any order which on to have been made, and to make such further o order as th& case may require; {b) draw inferencc'.s of fact:; ( c) direct into and certify from whose order the ;,1ppcal its finding on any question the court is brought or to enquire which the Fedcra termined b 1 S1 e Court thinks efore final gment in the appeal Supreme of the Federal Court under the fore­ fit to be de- (2)The ,powers notwithstanding notice of the decision may be exercised that no of any has been given in respect of this section or respondent's going provisions notice of appeal particular is brongh by any ular party to the proceedings that anv d for wing the a I or for affirming decisio1i that court is nof s,pecifi in such a 'and notice; Supreme just, to ensure between c:ontroYersy as the Court thinks of tJ1c real question the ·determination on the order the appeal in that conrt1 or Court mav make anv order, of the conrt from w110se on such terms merits or va · in (3)The Federal the parties.
Supreme Conrt may make such order as to the as may he just, and may, in whole or any part of the costs ot an appeal -;;pecial circnrnstances of an ap 1 as mav be just.

1 order that such sccnritv shall l)e given for the costs .

The powers of the Federal shall not be restricted appeal which there has been no a;ppeal.
of an appeal 11.On the hearing bv reason Supreme of any interlocutory Court in respect order from of an cause or matter, the Federal Supreme Court rnay, if it thinks from any order of fhe Supreme Court in anv civil fit - Addiliollal vowers of Federal Supreme CoL1rt on h,:,ari11g appeal:s in civil matters l1avc been a com Hable and be examined be the he was or was not or order the examination i n manner provided of anv such of any document, exhibit, or other gs, the production for the determination that no on shall be compelled under any snch o .er any writing or other to which he conk( not fon-c been compelled (b'i order anv witness with the proceedin to it necessary or trial; who \VOuld atf·cud (a', order the production thin connected of ich appears of the case, provided to produce document produce at the hearing witness at the tria] to Federal caJJed at th trial, \vitness to lJe conducted of conrt before any or before jnstice.
Fcdcrnl place and allow the admission t:1kcn :1s evidence hdon· the Fedcr;tl if tendered, St emc Court.

whether anv officer of the Federal t11e evjdence, any party) (c)receive cluding pclbhk \, itnc\: the pm eases ·where n_ot kT\T hcen grren at 11,e trial hon� pose, ot, tl,c hn,.h;rnd the evidence jndgc of the Federal b\' rules Court Suprem·c Supreme· Court or bv the ,md :it any so of anv deposition SnrJrcnH: Court-: (in­ of am· witne�s ccim­ hut not for app1icatinH who is a competent mid.
if :1 pm·t\· 111;11'.cs or ,,.

ife of that narh in of the hnshand or vvife except on such appliea, cimld of the peace or other rson appointed Snprcrne Conri for t pt!rJ)O',<:.

,,, HJ!

THE L41VS OF BRlTISH GUIANA lAD.

1958.

8 h.:dcra] tn IJUkc made.


Supreme am '>t1d1 Court to pa:,;, a order , sentence includes a pO\vcr ing court might han: , :J', the con,,iC'1 Right ot appeal in crjminal CZl':'eS, l S. A person convicted on indictmcHt in the may appeal comes into o,pcrntion Court on a under this Part Snprcme date aft-er tfot; section of !hi� Ordinance to the Federal Supreme Court - any ground of appeal which (a)against 11is conviction, on ('ap Ll.
involves a question of law alone; (bj if a female convicted of an offence punishable with under of a jury on proceedings Ordin Law (Procedme) Court or upon ate of the judge wl10 tried him that it is a from the findin� J 67 of the Criminal death, section aucc, that she is not JJr nt; with the Jean� of the l• l Supreme the certific fjt case for a 1 against ltis convict of aupcal quest10n which appears ground of a;)pcal; wl involves of mixed Jaw and fact, to the Court: a question a11d ion on any ground of fact alone, or any other ound or judge to he a su ient or a (cl)with the ]eave of the Federal Court against nnkss the sen­ on his com·iction, Supn::me ·court on any such ap l against if thcv think that the .
of the 011 the ground that it is unreasonable or cannot of the regard t o the evidence.

or that t he judgment he set aside on the was com·,icted should of Jaw or that on any ground of a wrong decision of any question and in am" other case shall dismiss the Delermina� tion of ;mpea1s in ,,rdinary f'.

:l�l"S, the sentenc e passed tence i>:> one fixed hv law.

Supreme allow Hie appeal 16.


1) The Federal s11al1 lw set aside haring whom the appellant corffiction (Hn-�hnnld he supported comt heforc f�rolmd there \ras a miscarriage appeal: , Provided ion that the :mpellant:.

clmiagc the Jppcal has actnallv ,point raised in that the clisrniss of insticc.

court may, uotwithstanding that they are of opin­ of the in favour mis­ substantial he decided that no the np I might if t .

consider occurred.

of justice i' Snbjcc.t lo the.


: spcci:il the FcclernJ qu;1\lr to he cnlcruL the crnffictinn ;tnd or if the interests Supreme dinance cnnv1cho11, ,ICqnittal BC\V triaL prn,,i;;;ion5 of tlm Part of t-his Or­ Court shalt if they a]knv an a 11 against dirccl: a indgmcnt of justice so an \·cnlict of order a require, ()1 On an appeal against sentence emc Court the Federal Su shaH.

if they tl1ink the sc1dcrnc: cptJ'.


'-.h warranted in bw· lw tution ( :1se that a different p:1sscd the verdict as they think ou�l1t tl1c appeal.

therefor )hall dismiss I:', ( 1 at the trfr1L sentence should have passed, and pa<.

:s snch of her sentence more or less severe) in substi­ (whether to kwc been passed, and ii1 any other Powers of Federal Supreme Court in siwdal cases. }
If it appears to the Feckral convicted convicted on Snprcmc at i he tri:d 'bnL thongh not properl.y mcnt, h;1s been properly indictment.

the ·Federal pa�scd and as rnav be thcrctor ()ll the count <H part of the indictment, (>1rnt conrnlcr tlut the :1ppclhmt as thcY thmk proper on the: :,ppdLmt or pa·�s Court may either confirm such sentence \,,ur:mtcd on some count or pait of the · t- or ij)art some other count Supreme Court that an a l h;!\ been propcrlv con\'ictcd.
on which the Federal Supreme of the the sentence in law bv the ,·cnlict in substitution AD.

1958J FEDERAL SUPREME COURT (APPEALS) fNo.
Hl 9 has been convi�tcd im guilty have found h of a n offence and it ap rs to the Federal of some other Su rne of the jury (2)\Vhcrc an a,ppellant the indictment, could on and on the fin<lin�� the jury offence, Court that the jury mnst have been satisfie guilty aHowing the jury a in subs ti for the sentence in la,v for that other offence, or dismissin ·u t of guilt} that the Federal Supreme g t1Je a ubstitute passed not being a of that other offence, (3) Where on the conviction facts which prov im of returned by Court may, instead for the verdict other offenc� and pass such sentence at the tnal as mav be warranted sentence of • ter severity.
verdict, and the Federal of the appell t the · have S me Cou , that has been arrived at by court before which the on the effect of that verdict, has been convicted · Court may.

instead of all the a , the Federa] order such conclu- as appears to th rt to law required bv the found a special a wrong conclusion appc11ant Supreme sion to be recorded verdict, at the trial in law.
as mav be warranted ( 4) If o� an 1 it appears lo the Federal Suureme the ap nt was of the act or omission him, he was of tmsonnd the time the act was done or Court charged made so as not to lJe responsible for his actions Court may uash tl1e sentence according passed at that, although aisainst Hie omission to law, the Federal the trial lunatic cedure') fonnd bv the jnrr umkr that On.linancc.

Supreme and order that the appellant nndcr the pro\·isions of section Or<liuanc<.

: .

.
: .

.

in the same manner as if a snccial be t in custody as a criminal l 'i9 1f the Criminal verdict Law (Pro­ had hecn Cap.

11. and pass such sentence in substitution for the sentence passed 18.

(1) The operation of any order for the rcstitntion of any pro• made on a conviction on indictment, and the o pcrty to �my person tion.

in case of section 26 perty in stolen the com·iction their opinion.
of any snch cmn-iction� of the Sale of Goods Ordinance as to re-vesti of the pro­ of the provisions of subsectio1 the court fore whom goods on conviction, takes pbce direct in any in suspended -- the title to the pmpcrty is not in dispute) be days after shaU (nnlcss to the contrary case in which, of fourteen (a)in any case nntil the expiration the date of the conviction; {h) in cases where notice and Re-vesting and restitu­ tion of pro­ perty on con­ viction.

Cap.
Cap.

333. of a l or leave to appeal days er the date of conviction, is given within until the determination fourteen of the peal; of any such o or the operation of of the 1, until the determination where the operation is suspended and in cases the said provisions, the order or provisions, property may he by ru1es of court for securing perty, ing the suspension the sa provisions.

as the case may be, shall not take effect as to on appeal.
the safe cost of any pro- or of if the conviction of any su order of the operation in uestion is gnashed (2)The Federal Supreme Court may by order annul or vary Provision ,i.ny order made on a trial although not take effect, the conviction and, if varied, for the restitution is not qu::ished: shall take effect as so varied.

shall and the � if annulled, of any ,, erty to any person.
19.For the pu ses of this Part of this Ordinance, Court may they fl1iuk Supreme of jnstice - it necessary or expedient in lhe interests Supple­ tl1e Federal mentary powers CJf �el'l11 SuJ)retn.,.

Court.

(a) exercise any or all of the powers of �hi� OnliMnN' on the Fe<ler::tl conferred b Snnreme y section 11 Conrt (other TO ;\ Hfi THE LflWS OF BRITISH GVJANA f AJ) lH/lf� ·--".. .

--·· .... .

.
--·· .... .

.

""'"• -�----------- •··-•--'--�•---·--·--·-- but �n in paragraph (d) thereof) 1:� tlJ;rn ihosc containC'd the appliotion atff n irninal :m�l ''lb.it subshtutc of section came or nuttcr.
for the \\'(>rds 1xut�," m paragr,1ph ({') thcrcoL cT the \\"(mls "the appc!Lu1f': (bl issnc anv \Y:urant neccssarv for to a n appeal "auy party there ,;hall "I l aforcs;1id g �1ny order (n he �,entcncc: of the Federal s·uprcme enforcin Cnmf: that ·•· Pro,:idcd h�.­ of (my evidence of or in consideration at the trial; m no case sha11 anv sentence be increased rcason mis not rj\·cn the Federal \\ ltcnci.,ci' fnrtlicr cYid1..:11cc shall nwkc :..nch tlicY sccnre :m oppo1tunity cccdings dencc is taken.
Comt rcccin· order as vril1 to the pro whose cvi · to the partic,;, to cxam111c even: witncs<; SnprcnH.'

and ll1:1f· Comp11taibn and corn­ ment·emenl ene<,·.

of 8€'1lt ,'\drnission '>f ;,ppelia•1t :HHt tn hail enstoctv when ,1ttenc!ing cnurt.

20.

(1 'l :\u ,mnclbnt who is not admitted dctcnninnhnn of l;i� :q aL be treated to lx1i1 1-halL pcndin['.

n<i a prisoner ,1w:1iling triaC Court m ay.

if ir -;c:cm� fit.

on the to bail pcuding the the appclbnt the {t) The Fed l Supreme of an ,1ppclbnt.
adrnit application dctcrrnirwtion of his a ppca L 21.

(I) \Yhcn an appclbnt Ordrn:mcc.

tltis mined sha U he disrci:rardcd \\ lt,icl1 k· is for I (2)Snbjcct he ti1i'1c is admitted the tirnc during which he is ,lt large after heing so ad· the term nf ;m,· scntc11c io bail under this Parf of e to in comuntin!:!

•' bciHg subjec:t. ,1s hcrci,nftcr ,,·J1c11 in custody a-; ;t pris011cr any appc1bnl of hi-.

: :ippc,iJ dnriw.?
: :ippc,iJ dnriw.?

; \Yhich mi11atim1 ;maiti11�r, hmc if less than six weeks, shall be cliHct:;ardcd in computing of an\' sentence suhicct: · , Pm\0idcd lhat --- js trcat:ccl tri:ll, he i:: for the time ;)cing to ,Yhich of the time pcndiug the deter or the "' hole of that the term proYidcd.

six \\eeks the foregoing provisions where lc:ri,·c Ordinance paragrn,ph ( c) of '.�cdion r:!

:h en for the purpo,;;c to appeal i'.-i granted or ;mv .
;;uch ccrbficak of this section shaJJ not apply of this under this P,nt in ;1<.

; is rncutioncd 1 .

::: of this Ord i mmcc has been of t11c appeal; i b)in any other c;1sc the Federal Supreme ti!at n o p:�rt , of _ th the said time sud1 pJrt : or cr ·t� .

.

_ .. , ._ , ·dwrtcr Comt thmK tit: (whctnvr as aforesaid.

he dis;rq��m1cd weeks) sJ1all of this S(:chon, pm\·isions the tcnn Court m snbstitntion for Sunrcmc Conrt m:1v direct cof as tl , ;) Subject to passed or longer lha:i s1x the foregni11r.
:: b, the Federal 011 the appellant �h:i!L of am· sc1,h::'11cc ;1 sentence p;l\Scd appeal i� 1-irou�l,t fro11,1_ the time wJ�cn it w<�rdcl ccernngs.

appclb11t ]�ave hc_gm1 to nm if 1x1s"icd and references m th1-, scctmn lo �Ill\' sentence is for the time being snhjcct \hall he c011si from which the direct, hcgj11 to run 111 tlw?c pro­ to which ,rn milcs1- the Conrt otherwise in tfic proccedin;:;s 1 Time for appiJa1in.'.!.
:i ( I J \Vhcn: a pcr<;on convicted lo the Fcdera1 Supreme desires Part of this Ordina11cc leave of that Court hi, a-pplic:1tion for lc�1,c ithin t(in: rnks of court \\ to appeal.

he shall giH: notice to appc1l t-1.Tll d,1\·'-i of in snch manner as m:n· he directed the <btc of couriction.

med accordingly.

to ;qmcal under ComL <ff t of appeal this the o obtain of or notice lw ____________________________ _____ " ___ A.D. 1958j FEDERAL SUPREME COURT (APPEALS) (No.
19 "" Il the time within (2)Except in the case of a conyiction of J a} or notice notice may e extended ,,·hich may be given� , at any time by the of involving sentence of an application death, for leave to appeal Federal Supreme Court.
2l In the case of l conviction imohing sentence of death or corporal Stay ol' execution pmtishmcnt (a) (bj or ot a11 applicntion until not in am· ca.sc be executed of of the tirr1c ,vithin which notice may be for leave to appeal 22 of this Ordinance; sl1al1 the sentence after the cxniration appeal ·given under section if notice heard and determined ticable.

after an application the application.
is so gin:n, the appeal or application shall be with as much cxpcclihon as prac- shall not be executed and the sentence the determination of the al, for leave to appca is finall until or in cases \Vherc y refused, and of 24.The judge of any comt heforc \vhom a person is convicted shall, against the for leave or in the case of application umkr this Part o:f this Ordi11:mcc iu the case of an appeal or against conviction under this Ordinanc to appeal Court� Supreme ,m<l shall also furnish accorda or upon any point arising in accordance to the the sentence., c1 furnish with mks of court, nce ,vith rnlc<.
: of courl a report gi\·ing Registrar in the case.

of the Federal his notes of the trial; to the Registrar of the Fcdcrnl his opinion upon the casi: in Supreme Court Judge';,, note;; and report to be flll'­ llished on appeal.

25.The Federal Supreme Court may at any time assign or conmcl on,y, in ,my appeal or incidental to such to an appel­ umkr this l\irt Legal assist� ance to ap­ pellant.
arid counsd, Lmt a solicitor of this Ordinance or in an appeal in which, in the opinion that the ap nt should the interests he has not sufficient means to ena him to obtain �s preliminary rs it ot the Court, any procecdin of justice that aid.

of an appeal and determination 26.

(1) On the hearing ceedings preliminary ance no costs shall be allowed thereto or inci(knL1.l.

on either nuder this Part side.

or any pro­ of this Ordin­ have gal aid, and that in desirable Costs ol appeal.
(2)T'hc e nses of any solicitor of his appeal attending to the appeal, incidental ;ippellant under th )art of this Ordinance, witness on the order of the Federal in anv proceedings appc11ant on the hearing or incidental examination of for the pnrposc, appointed .shall pose.

up to an amount �1llmn:cl conrt as to rates and scales � nch rules of court.

and all expenses by �my person of a question conducted or any reference to the appeal, ,vitncsses by the Court.
of payment out of mcmcys ::)ronded by the Court or of any pers�m be defrayed to an or counsel assigned of any and the expenses Supreme and of the appearance Court or examined of an or on any proceedmgs irninary of and incide to any appointed to a special by the Court conunissioner appointed as �tssessor to the court by the Lcg1slatnrc for the pnr .. to any rules of hut subject and in the manner expressed by 27.
(1) be entitled except \vhcrc alone, any 1>rocecdi to be p1esent tilled to he present, An appellant, notwithstanding that of his a al, it.

on the hearing a question w is on some ground invoking if he desires he is in custody, Hight ot appellant to be present.

shaH the appeal but in that case and on an lic:1tion ental to a n appeal, for leave to a 1 and sha not be en .. o n ngs prclimimry 1 except or inc1c where rules of court provide that he shall have No.
19} ------------- THE LAWS OF BRIT.IS!i GUIANA IA.D.

1958.

Snprcmc Court gives him or where the Federal the right to bt: present, leave to be_ present.

appeal by counscL case or argument (2) An appellant may present so presented ( 3} The power of the Federal who �1oe5 uot a1Jpear ]us case and shall be consider Supreme cncc under this Ordinance appellant is for any reason may he exercised not: present.

.

.

at the h�,�rmg of Im.

and any m ,n1tmg, argument ed by the Court.


Court to pass any sent that H1c notwithstanding of Out�· Attorney General.

28.

( J) It shall be the duty of the Attorney General to appear to imtruct this Part of this Ordinance.

connsd to appear for the Crow11 on every appeal brought or under (2'1 Provisions General sion to the Attornev thi11gs of his duties connected under this section.

with the proceedings of a11 sudi docnmcnts, as he nrny requir<.
: shall be made br rules of court for the transmis exhibits.

and other for Hie purpose 29.The power� of the Federal Supreme Court under this Part· of Powers which may IX!

exercised judge b�' a of th�' Court.
this Ordinance - (a) to give leave to (h1 to 'extend appeal, the time within \\ hich 11.ohcc of appeal, or of an �ipplicatio n for leave t() appeal may he givc11, I c, to assign ( d)to al1ow the appellant legal aid to an pellant, to present in cases where he is not entitled or leave, ::1t :my proceedings to he present ·without {c) to admit an anpcllant may he cxcrd.scd ject to th<: same proYisions it= the judge rcfnscs ;my snch power in his favour� determined application of appeals and <.lttcrrnination to bail, by any judge c;f the Court in the same manner and sub­ lmt the Conrt; as they may be exercised 1w of the: ;ipp-Jh11t on th\.
: ;):tri fo have the for the hcarin1;; shall be entiticd hr the Conrt as dnly constitnted nnder this Part of thi'.i Ordinance.

:111 ;1pplict!ir1J1 the appcJfant to c��uci\c: tl•ci C as(!

;-::ta or question of law re­ sen·ed.

30 i J) \\'here Court.

an�' person is conncttcl m the on indictment of law the judge may state.
a case or reserve a question • .1tion of the Federal Supreme Conrt and the Federal snch case stated or question Court shall consider and <lctermmc Snprcmc for the considcr Supreme of fow rcscrnxl and may either •-- gircn upon the indid111cnt: or (a)confirm the judgment (h)order t1rnt such Judgment be sd aside and quash the con­ verdict and direct a judgment and viction or he en tcred; order that such judgment thereof the jncl�mcnt \Vhich the trial; or onght to ha\·c been givcTJ to <)f acquittal and gi\.c in.skad he set aside� at · ge bv whom such the jnd case has hecn stated ( d)require question qnc�:h<m has been reserved �pcciaJJ v,·hcn (c) make such other order as justice The Fcdcrn l Snprcmc Court., \\ hen a case i-, \Lltcd or a :-cutcrnl on the requires.
or record� to amend such statement or or of Jaw reserved question fit, to cause the C3SC or certificate thereupon the same shall be amended for their opinion� shall have power.

if thcr think to be st:nt back for Jmcn<lment accordingly.

aud A.D. 1958!

FEDERAL SUPREME COUR7.

(APPEALS) [No, rn T I3 31.\Vherc a case is stated of the Federal sidcration 2 3> 25, 26, 27, 28 in like manner as to an appeal.
S and 29 of Ordinance 1c Court, the provisions shall apph· or a question of law reserved for the con� of sections 20.

21, Provisions of this Ordi· nance appli­ to sucl1 proceedings cable to pro­ ceedings under sec­ •lion :30.
32.In the case of �m appeal a question rccmc�r Supreme Court niav, if involves think fit, \Vhich t-l1c\ the l1'cdcral whom the case was tried to state the ·question tog�ther with under wl1ich cumstances may he prescribed all the cir­ in such manner as the jnd�!C before the said question by rules of court.

Case stated by judge d request of Federal Supreme Court.

of law alone, lias arisen 33.


( l) \J\lherc inferior appeal court in a criminal to the Federal the Fu11 Court makes an order on appeal from an anv to such ap mav l ..: .. Court from· the of the Ful cause or matter.

Supreme Appeals from inforior courts.


(a) upon any ground which involves a question of law alone; or from the exercise or callin (b)where the to the Full Conrt is against an order of his office, , from the holdin f public body, or rn voting at an a �public to any such body, n any a question which disq the appe11ant profession from membership election ground of appeal 01 a question whidi appears sufficient of representatives which involves Court to be a to the Federal ground of ea1.
sha]] lie m sub1,cction Supreme the leave of the Full Court or of th<; Federal Supreme ('?)

l\o appeal of alone of mi"\cd b-.v ,n:d focr, or ;1ll\' other rrounc� (I) of this section except witl� Conrt Supreme .

, (3) Upon the determination under this secti5m- Court may affirm or set aside the order of the F uH Supreme thc {federal Court and where any st�ch order is set aside, the F�deral may nrnkc any order which onght to have been matte at the trial such other order as justice 34.
'fhc provisions of an a1?peal requires.

of sections or make Court of this Ordinance under section 33 of this Ordinance (a) as if the word .. shall apply to the proceedin sub1cct l 8� 20, 21, 22, 23 and 25 to 29 inclusivt s in any ap I brought Prov ti';.iolJ,; this O:rcll- to th wing m fications- 11ancc oppli­ c::i bic to p:: v• ceedings under sec 33. ''
in relation to appeals referred to an appeal �ippcal t:"· from an inferior under from section 33 of: this 1inanee an order of the !i'nll court in Court npon c.msc or 'ID.aHer; any criminal (b)as if for the· words "the date of conviction., in subsection 22 of section 18 of this Ordinance and in ( l)of section this Ordinance.

order of tJ1e Full Court".


conferred on the Federal there were substituted the words "the Supreme Court under 35.The jurisdiction this Part of this Ordinance to and questions of any other court.

of law reserved Jurisdichon of the Fcd<�ral Supremo Court undC:.

'r Part III ex­ clusive.

PART IV TRANSIT:tONAL • 16.

{ .l 'i before \Vherc in any civil cause the comt cstahli<,11cd peudi11� .\ppea1 into force, al!
such pn.K1::cdi11g) suhjcct section, on the date on which Part I I �hall, determined Court of of thi:; Ordin:mcc comes to the provi�ions by the Federal Supreme Comt.

Act.

J 919, be heard and ·rridi:111 .Prov1s:io1, regarding JJ1:nding civil case:.;.

am procc<.xl111�2.s of thi-.

: arc PROVISJONS or niattcr h\ the \Ve.st hear and determine appeals.

cases stated shall be to the exclusion of the jurisdiction 14 TI-fg LAWS OF BRITISH GUL4.NA fA.D.

l9fi8 ' 1 l--l -1\m Drncccdint:,;, ltc;mJ this '.


)cc·tion Snprc1rn: Comt u:ncfcr mitlcrs, induclin2; �;nprcrnc Court npon iltl hn1· c,dm.

!iuE� L;in:· :.�on:rncd b\· the Fcdera 1 aU !,l1,1ll he ½on:rnccl as rc\1)(:d the pcm er� v:hich may be cxerci-icd ;rnd dctcrminahon a11d ;-noccdmc, if l his Ordinance m�ittcr-; of pradicc the pro(:ccdinr��.

b: il;c law which wonld kid not been enacted.


,md cktcnninccl lic1rill:,� by the Federal nf .\tKh proceedings ii l The the pnn i'>ion-; rccnnl-;, document:-; of Sl!iN.

::chnn bt tlic officn kl\ :ni:.r cu-;!

'fHh tn \\ !Jid1 I ranqnittcd : ,I.

'l)'1l{\· rr•u1\t' the Snprcrnc Court in a< curdancc of i'!Jc Federal l{z:�i'.,l 1:1r J-111' f,',,rJ,·1 l 11,.

�n11rc111c c··1 Snprcrne Court.

thereof 1·r' (lJ' t() · · 1··' () i'.

1 �\...:--,, .

,;.

!

·' ,,.

,�.t\.


,t· .. 1 .., ,.t , J lJ � ..,, \ J., ,, " .. ,._, ", , ,._,._.._, )'1 \\'ith in.

:-trnctioth to the Rt'.

::'istrar for (·11c· Pc fl <01·,+J'•.l'•· to he gi\ cu 1n- f:11.:.

· · � .. �· , \.

.·� 1 -...

.

)-.

(,i1 .. l n.hibih ;111cl l) of th1\ )<:Chon ;1pplv, shall he iu ;m:· procccchug; PAR.TV REPEAl,S .

:'l.1net1drnent ,}� Supreme Court Ordi-­ nance.

Sehedult:.

rap.
Sehedult:.

rap.

7, ,"," l he Supreme <1!t1c1idHKnh Proridcd Si:prcmc Cornt -"ct out m the scl1cdule that \1,·licrc in Ordi11ancc Court Onhnancc --.hall have snl>int to the to this Ordinance: pnrnrnH·c of the pnwisions of Part LI of the not.ic\.

: to the Full Court has been to tJ1c date on 1,d11ch this :;cchon comes into hcncl and c!ckrmined.

and all fnrther of .tppc;d ,:noceed effect m ;1m matter nrior tlut a·ppc:.11 s}uH he taken tiicn:01L :--lufl he ine:s ,is if this Ordmancc had not been enacted.
:R.cpeal of Criminal App.

:al Or­ i:t;nance.

(<l]).

8.

\\' id, effect :•ncc the Criminal !1rmickd ihat Wifhirn!, \pputl from rhc cmning .

Ordinance\Jiall into force of P:.u!

111 of t be rcpc,�!cd: sh;dl aticd the nght lm Ordin- �cc'!

')UJJ in tlti:, ot am· .

.

com jcfnl on i11dict 1ncut i11 !he Supreme ·0111cs Con rt 011 < >r bdmc the inf n force to ;11)pcc1l or of H1 i:, ( hdin:rnc: l on '.\ liid1 Part l!

l lo appc;\l for lc.J\<.

to the Co1u:t of Crimi11,d \ppc_a!

nlldcr tile of tlic Crimirn!


.

:\ppt·al Ordirnucc.

and where rn pnr"uai�cc Ordtu:111cc uolicc tn the Comt of c: \ppc1i is giH:l) fn c;ud1 of ,ippcd or Hoticc of lhc ,,,iid k:i\C to �1ppc11 1· ... :i-suu 'nd lkh.

:nni (ccdiug" rirnin;!I _ or I kit· npphc1tiou rn:d lr,· tli1,' ' 1)f Crimin:.d ,h jf llii') c:ourt be Ulen thereon th.it appc:d tor lc:.•,·c \ppc;11 am·, he !tc-trd ,.

!1,!ll ;md all tmtb.

:r to (1p:x>;l1 On.lin:mcc kid nnt !wen cn:1dcd.


pin of ;rn :qmlication tor :,h:-dl Th;_ Sm1111un uni , ,!ull b,· Ordin,incc :\ntc1H.

:hr:i.e:n.t ol S,m1m,.,ry ,'l u I'i�diction 1 .

:\pp.

:.�d1S} ()r(lit1anc:e. Cap.

11 Li 1n-tl1c dc1Ltion of \tlb:-:icchou (2: of \cctiun 2 1>· :11id b·, b'.· t!,c J1!\Crli<n1 :ift.

-::1 .

,,nh;,cctio11 i ·;; 01= the followiu� -·· l • nf t:lic the fore:;oin,� prm 1:-io:\\ "\'f) -:\otwiHistarnli11:z where kaH� to �ip;>c,d from the i11d2:mcnf of ('.ll hy tbc Cunrt nr ,,.
hcrr an :1pphc:1tiou Cnmt for ic..1rc to appeal .

f l l this :-cction Comt kt', hccu rfr, to the Fcckr;1l �uph·n11: Ju-.

; .>ccn .

11cd 111 i 1�: n1.

:mJCr I ' I t-I ., .

·1 ,or 1,\' 1,P\ pwgrncll, the l"((·c11ho:1 :.1ppt-;1 1\ lakcn m,ckr ,nl'>cchc.11 (1\ to Ciif, ::n1 uf ·;)CVi1 :1rEr1nc<L Vi(J\1!f�('t} illd1·'.nh n!

nf th,.

Crn;tl', :ind i;, m lit ;J1,1ll of -..;nch iu<lurnclit or :;.J,1wid1tC< ' of lli 1,cdiol l l!,c - d, ci ,ir,11 f., !
'he (�(>nrl fir (11 :ir: c··n<.Jc(I l•t "hc111 he • 1 \ ' ' onkr o !.be Court.''

if Lt: :ippc!hnl· be rck::-r::cd :1forc•-,:nd dc�um'll'.

'd 1ml il Pie •;ndi Jt�:1iml ,m the .

· 1 .

j 11 • v h · �Jll� 1 .

•• ·' > ant: no ;1:;!ln11 s.1:1.

lH.'

[A.D. 1958 FED.ERAL SUPREME COURT (APPEALS) 19 !,No.

15 Amendments SCHEDULE of Snprernc (Chapter Court Ordinance, 7) Section 37.
In section 2, the definition of the words ''the Act" shall be deleted and for the definition "nhstitnted of the ,vords the following <lefinition: "the Court of Appear� there shall be ' �·Federal Supreme Courf; means the Federal for the Federation Supreme Court of The \Vrst lndics lw the \Vest c�tablishcd Indies For section {Federation) 89 there sh:iJJ "Appeal H9.

:\n appeal from decision · of single mcnt gl\'cn judge.

exercise no appeal Order in Council.

1957.'
he substituted shall lie to the Full Court from any judg- the following section: · or or( er nn c ):V a smg e Jm ge o t 1e ourt m l <l l · l · ·1 f ·1 C of \Vhich to the Federal ProYidcd of its ciYil jurisdiction in respect Court: \hall lie to the FuiI Court Supreme that 110 �ippc,ll �iYcn or order nndc bv ,1 �ing1c of the ,1):1rtics giYi11g ind$?,C ot­ or as to costs ex­ t:hc juch;1ncnt there is from am jndr:nrn:11t ihc Comt \\ith i lie consent cept with lea\"C of the inch�c the order or of the h1ll Court: provided ,\ncl further that no appeal or order of J single lie to the judge re- shall or rnakinr; Fnll Comt frorn am· jndgrnc11t to in snh,cction ferred the Federal S rem:.
: Cou1·t 91 shall be d tcd.

Section tlv_· In seclion 92, inclmlin'.!

i ;\ or subsection (.

:\ppcals) i 6J ot section Ont'111;mcc� q of No.

rn of 19:;s, 1958.

Appeal" there \hall he snlY-.titn!-cd tl,c \\·,mb Part JIL comprising sections prmi;;;o thereto, ''Federal 94 to <)8 inclusive, shall he deleted.

for the words ''Court Snprcmc of Court·".

Pass2d by the Legisla.ti1..'e Council t:hi�; Mau.

nineteen hundred and fifty-eight.

,.

Clerk of the Legislature.

(M.P.C.

(Leg.

Bill 17 /58).

52/3)