'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927' [‎92v] (199/250)

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(5) Where the trial took place before a Judge of the Supreme Court, sitting else
where than at Constantinople, the papers may be transmitted to the Registrar of the
Supreme Court through the Provincial Court of the district-
84. Where a case is stated under the last preceding Article, the Court before whom
the trial was had shall, as it thinks fit, either postpone judgment on the conviction or
respite execution of the judgment, and either commit the person convicted to prison or
take security for him to appear and receive judgment, or to deliver himself for execution
of the judgment (as the case may require), at an appointed time and place.
8s.—(1) Application for leave to appeal shall be dealt with by. the Full Court, sitting
without a jury or Assessors.
(2) If the application is refused, the conviction and sentence of the Court before whom
the trial took place shall stand confirmed.
(3) If the application is granted, then, if the material already before the Court is suffi
cient for dealing with the appeal, the provisions of Article 86 shall apply, and, if not, the
Court shall direct such further or other material or information to be supplied as is
required.
86,— (1) Appeals shall be heard and finally determined |by the Full Court sitting with
out a jury or Assessors, and the Full Court shall thereupon reveree, affirm, or amend the judg
ment given. For this purpose it may confirm the order of the Court below, or set it asiae
and order an entry to be made in the Minutes that in the judgment of the Full Court the
person ought not to have been convicted, or it may quash the sentence given in the Court
below and impose such other sentence (whether more or less severe) as it may think just,
or may order judgment to be given at a subsequent sitting of the Court below, or make
such other order as it may think just, and shall also give all necessary and proper con
sequential directions.
(2) The judgment of the Full Court shall be delivered in open Court, after the hear
ing or consideration of any argument offered on behalf of the prosecutor or of the person
convicted.
(3) Before delivering judgment, the Full Court may, if necessary, cause the case to
be amended by the Court below, or may require further information or evidence to be
supplied on any point.
(4) The Full Court shall not annul a conviction or sentence, or vary a sentence, on
the ground—
(a) of any objection which, if stated during the trial, might, in the opinion of the
Court, have been properly met by amendment at the trial; or
(b) of any error in the summoning of the jury or the Assessors ; or
{c) of any person having served as a juryman or an Assessor who was not qualified ;
or
[d) of any objection to any person as a juryman or Assessor which might have been
raised before or at the trial; or
(e) of any informality in the swearing of any witness ; or
(yQ of any error or informality which, in the opinion of the Court, did not affect the
substance of the case or subject the convicted person to any undue prejudice.
87. When notice has been given of any appeal or application for leave to appeal,
the judge shall, save where the trial took place before himself, have power, for reasons
to be recorded in the Minutes, to order that it shall be heard and determined or dealt
with, in the manner provided by Articles 85 and 86, by himself alone instead of by the
Full Court.
88. There shall be no appeal in a criminal case to His Majesty the King in Council
from a decision of the Full Court or from a decision of the Judge alone under the preced
ing Article, except by special leave of His Majesty in Council.
Fugitive Offenders.
89. The Fugitive Offenders Act, 1881, and the Colonial Prisoners' Removal Act,
1884, shall apply to Egypt and to the Ottoman dominions other than Egypt as if those
places were respectively British possessions and parts of His Majesty's dominions.
Subject as follows :—
(a) As respects Egypt, the Agent for Egypt, and as respects the Ottoman do
minions (other than Egypt), the Ambassador is hereby substituted for the Governor or
Government of a British possession.
(3) The Supreme Court, or in Egypt, during the absence of a Judge of the Supreme
Court, the Provincial Court at Alexandria, is hereby substituted for a Superior Court of a
British possession.
(c) The Supreme Court and each Provincial Court is substituted for a Magistrate of
any part of His Majesty's dominions.