Cap. 9 чл. 499Appeal at the instance of Attorney General or of accused.

(1) An appeal shall lie to the Court of Criminal Appeal at the instance of the Attorney General or of the accused from any decision given, after the reading out of the indictment and before the accused pleads to the general issue of guilty or not guilty, on any of the pleas referred to in article 449(1)(a), (b), (c), (d) and (g)

and from any decision regarding the admissibility of evidence.

(2) An appeal shall also lie at the instance of the accused from any decision given, on an application of the Attorney General, under article 402(5) or from any decision given, after the reading out of the indictment and before the accused pleads to the general issue of guilty or not guilty, on any of the pleas referred to in article 449(1)(e) and (f).

(3) Where the Attorney General or, as the case may be, the accused desires to enter an appeal under sub-article (1) or (2) he must give notice of appeal by means of a note immediately after the decision of the court is pronounced and thereupon the court, if the case so requires, shall stay further proceedings until the expiration of the time allowed as hereinafter provided for the appeal or, if an appeal is entered, until the determination thereof by the Court of Criminal Appeal.

(4) An appeal under sub-article (1) or (2) shall be made by application filed in the Court of Criminal Appeal within five working days from the date of the decision appealed from.

(5) Any appeal made under this article by the Attorney General shall not stay the execution of the decision appealed from.

(6) On any appeal under this article, the Court of Criminal Appeal shall, if it allows the appeal, set aside the decision appealed from and make such order for the discharge of the accused or the further prosecution of the proceedings or make such other orders including orders for the re-arrest or custody of the person accused or give such other directions as the case may require.

(7) The default of the accused to make an appeal under this article shall not preclude him from raising the question which he could have raised by any such appeal in any appeal which he may make under the next following article.