At any time within ten days after the determination by a Justice of any information or complaint that he has power to determine in a summary way, either party to the proceeding before the Justice may, if dissatisfied with the determination as being erroneous in point of law, file in the office of the Magistrate’s Court where the proceeding was heard a notice in writing of his intention to appeal to the Supreme Court by way of case stated for the opinion of that Court on a question of law only. The notice shall be filed in duplicate, and the Registrar shall forthwith deliver or post one copy thereof to the respondent.

The appellant shall, within twenty-one days after the determination to which the appeal relates, or within such further time as the Justice, or, if he is not available, a Magistrate, may in his discretion allow, state in writing a case setting out the facts and the grounds of the determination and specifying the question of law on which the appeal is made, and submit it to the Justice whose determination is appealed against. The case may be in the form No. 51 in the First Schedule to this Act, or to the like effect.

As soon as may be practicable after receiving the case stated as aforesaid, the Justice shall, after hearing the parties if he considers it necessary so to do, settle the case, sign it, and deliver or send it to the Registrar of the Magistrate’s Court in which the proceeding to which the appeal relates was heard. The settling and signing of the case shall be deemed for the purposes of this Part of this Act to be the statement of the case by the Justice.

The Registrar shall then send to the nearest Supreme Court Registry in the judicial district within which the Magistrate’s Court is situated the case signed by the Justice, together with any recognizance of bail entered into by the appellant.

When the Registrar of the Supreme Court receives the case stated, he shall set it down for hearing on the first practicable sitting day in the most convenient place where sittings of the Supreme Court are held, whether or not that place is in the same judicial district, and shall notify the parties to the appeal of the time and place appointed for the hearing.

If within twenty-one days after the determination to which the appeal relates, or within such further time as may be allowed as aforesaid, the appellant does not submit a case to the Justice pursuant to subsection two of this section, the Justice may certify that the appeal has not been prosecuted.”

Where under any such determination as aforesaid any person has been sentenced to a term of imprisonment or detention, the warrant of commitment or other order in execution of the sentence shall be issued forthwith, notwithstanding that that person may have given or may intend to give notice of his intention to appeal against the determination.

Where any warrant of commitment or order to serve a sentence of imprisonment or detention is issued against an appellant pursuant to subsection one of this section, and the appellant is admitted to bail before the warrant or order is executed, the warrant or order shall be deemed to be suspended until the appeal has been determined or, as the case may be, until the Justice or the Registrar of the Supreme Court has certified that it has not been duly prosecuted.

Except as provided in subsection one of this section, no Justice shall issue any warrant or order in execution of any determination in respect of which a notice of intention to appeal has been filed until the appeal has been determined or, as the case may be, until the Justice or the Registrar of the Supreme Court has certified that it has not been duly prosecuted:

“Provided that a warrant or order may be issued in any proceedings under the Destitute Persons Act 1910, or where any enactment expressly authorizes the levy of any sum to be made notwithstanding the appeal, or where any person ordered to enter into a recognizance of the peace has failed to enter into the required recognizance.

Where any warrant of distress is issued or executed before a notice of intention to appeal is filed, any Justice, on application made to him in that behalf after the filing of such a notice, shall order that the warrant shall not be executed, or, if it has been executed and the goods or chattels distrained have not been sold, that the goods or chattels shall be returned to the owner.”

Subject to the provisions of this section, an appellant who is in custody under the conviction or order to which his appeal relates shall be bailable, at any time before the hearing of the appeal, at the discretion of the Justice whose determination is appealed against, or, if that Justice is not available, at the discretion of some other Justice.

Where any such appellant as aforesaid is admitted to bail, he shall, if he is in custody only under the conviction or order to which his appeal relates, be released from custody on entering into a recognizance before a Justice, or before a Registrar of any Magistrate’s Court, in such sum, and with or without a surety or sureties as the Justice admitting him to bail directs, conditioned for his appearance at the Supreme Court on the day on which the appeal is to be heard, and on any day to which the hearing may be from time to time adjourned.

Any appellant may at any time apply to a Judge of the Supreme Court to review any decision of a Justice granting or refusing bail under this section. On any such application the Judge may, in his discretion, confirm, modify, or reverse the decision.

Where an appellant is released on bail, any Justice, if satisfied on the oath of the respondent or of any surety, or on the oath of some person on behalf of the respondent or any surety, that the appellant is about to abscond for the purpose of evading justice, may issue his warrant for the apprehension of the appellant. When the appellant is apprehended pursuant to the warrant, any Justice, on being satisfied that the ends of justice would otherwise be defeated, may commit the appellant to prison until the hearing.”

A prisoner or person undergoing detention who, to the knowledge of the controlling officer of the prison or institution to which he has been committed, has appealed under this Act against a conviction or order, and who is in custody only under the conviction or order appealed against and is not released on bail, shall, pending the determination of his appeal, be treated in the same manner as a prisoner before trial.

Any such prisoner or person as aforesaid who has appealed only against the sentence imposed on him shall, pending the determination of his appeal, be treated in the manner required by the sentence.

The time during which an appellant, pending the determination of his appeal, is released on bail and, subject to any directions that the Supreme Court may give to the contrary on any appeal, the time during which the appellant, if in custody, is specially treated as an appellant under subsection one of this section, shall not count as part of any term of imprisonment or detention under his sentence; and any imprisonment or detention under his sentence, whether it is the sentence passed by the Magistrate’s Court or the sentence passed or modified by the Supreme Court, shall, subject to any directions that may be given by the Supreme Court as aforesaid, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from the day on which the appeal is determined, and, if he is not in custody, as from the day on which he is received into custody following the determination of the appeal.

An appellant who is in custody may, without further authority than this subsection, be taken by the Gaoler or other officer for the time being in charge of the prison or institution in which he is detained, or by any other officer acting under the express authority of the Gaoler or officer in charge, to the Supreme Court for the hearing of the appeal, and shall, unless his release is ordered by the Supreme Court and except while in the custody of the Court, remain in the custody of the escorting officer until returned to the prison or institution in which he is to be detained.”

Except as expressly provided by this Act or by any other enactment, where, on the determination by a Justice of any information or complaint that he has power to determine in a summary way, any defendant is convicted, or any sum of money is ordered to be paid otherwise than as costs on the dismissal of any information or complaint, or where any order for the estreat of a recognizance is made by Justices, the person convicted or against whom any such order is made may appeal to the Supreme Court.

In the case of a conviction, the appeal may be against the conviction and the sentence passed on the conviction, or against the conviction only, or against the sentence only; and in the case of an order for the payment of money the appeal may be against the order or only against the amount of the sum ordered to be paid.”

The appellant under section three hundred and fifteen of this Act shall, within ten days after the conviction or sentence, or the making of the order, file in the office of the Magistrate’s Court whose determination is appealed against a notice in writing of the appeal and of the matter and grounds thereof. The notice shall be filed in duplicate.

The Registrar receiving the notice shall forthwith deliver or post one copy to the respondent, and notify the Justice whose decision is appealed against of the appeal and of the matter and grounds thereof.

A notice of appeal may be in the form No. 52 in the First Schedule to this Act, or to the like effect.”

The provisions of sections three hundred and six to three hundred and six b of this Act (which relate to the issue of warrants or orders in execution, the admission of the appellant to bail, and the custody of an appellant pending the appeal) shall apply with respect to every appellant under this Part of this Act.”

The Registrar of the Magistrate’s Court shall forthwith send the notice of appeal to the nearest Supreme Court Registry in the judicial district within which that Magistrate’s Court is situated.

The Registrar shall send to the Supreme Court Registry with the notice of appeal any recognizance of bail entered into by the appellant, the information, charge sheet, or complaint, and a certified copy of the entries in the Criminal Record Book relating to the case.

When the Registrar of the Supreme Court receives the documents referred to in subsection two of this section, he shall set the appeal down for hearing on the first practicable sitting day in the most convenient place where sittings of the Supreme Court are held, whether or not that place is in the same judicial district, and shall notify the parties to the appeal of the time and place appointed for the hearing.”

Any Judge of the Supreme Court may, on the application of the appellant, extend any time prescribed or allowed under this Division of this Act for the filing of any notice or the stating of any case or the doing of any other thing in respect of any appeal or proposed appeal.

Any appellant or intending appellant may at any time apply to a Judge of the Supreme Court to review any decision of a Justice or Magistrate refusing an extension of time for the stating of a case under Part IX of this Act. On any such application the Judge may, in his discretion, confirm the decision, or reverse it and allow such extension of time as he thinks fit.’’

Notwithstanding anything in section three hundred and thirty-four of this Act, where any warrant of commitment or order to serve a sentence of imprisonment or detention has been issued pursuant to subsection one of section three hundred and six of this Act, the provisions of this section shall apply.

If when the appeal has been determined, or has not been duly prosecuted, there is a term of imprisonment or detention or any part thereof to be served by the appellant,—

Where an appellant has been sentenced to imprisonment or detention under the conviction or order to which his appeal relates, no Court fees shall be payable in respect of the appeal, either in a Magistrate’s Court or in the Supreme Court.”

If at any time the Commissioner of Police is of opinion that the members of the Police Force serving in any place are not sufficient in number for the preservation of the public peace and for the protection of the inhabitants and the security of the property in that place, the Commissioner may direct any member of the Police Force to apply to any Justice to appoint such number of suitable persons as the Commissioner considers necessary to be special constables for the preservation of the public peace and for the protection of the inhabitants and the security of the property in that place.

On application being made as aforesaid, the Justice may appoint such persons as aforesaid, being persons willing to act, and shall administer to every person so appointed the oath in the form No. 3 in the First Schedule to this Act.

Every special constable shall be under the control and direction of the senior member of the Police Force for the time being acting in the locality in which is situated the place for which he was so appointed, and subject thereto shall, for the purpose of exercising the functions for which he was appointed, have such powers, authorities, immunities, duties, and responsibilities as he would have if he were a member of the Police Force appointed under the Police Force Act 1947.

The Commissioner of Police, or any commissioned officer of the Police Force for the time being acting in the locality for which special constables are appointed under this section, may at any time determine the services of or suspend or dismiss all or any of those special constables.

There may be paid to special constables such remuneration by way of fees, salary, allowances, or expenses as may from time to time be approved by the Minister of Finance.

The following provisions of the Police Force Act 1947 shall, with the necessary modifications, apply to special constables as if they were members of the Police Force, namely:—

Regulations may be made under section fourteen of the Police Force Act 1947 fixing the conditions of appointment, resignation, and discharge of special constables, for securing that only fit and proper persons shall be appointed as special constables, and for rendering special constables efficient in the discharge of their duties.

Every person commits an offence and is liable on summary conviction before a Magistrate or any two or more Justices to a fine not exceeding ten pounds who, being a special constable, refuses or neglects to obey such orders, directions, or instructions as are lawfully given for the performance of his duties.”

Where a defendant is discharged on recognizance as aforesaid, any Justice, if satisfied on the oath of the informant or of any surety, or on the oath of some person on behalf of the informant or any surety, that the defendant is about to abscond for the purpose of evading justice, may issue his warrant for the apprehension of the defendant.

When the defendant is apprehended pursuant to the warrant, any Justice, on being satisfied that the ends of justice would otherwise be defeated, may commit the defendant to prison until the hearing.”

Where the Justices order that any person shall be discharged as to any information, they may, if they are of opinion that the charge was not made in good faith, or that the charge was made without reasonable grounds, order that the prosecutor shall pay to the accused such sum by way of costs as they think just and reasonable. Any such order shall be enforceable as if it were an order made under Part II of this Act.”

Where in any proceedings to which this Act applies a document is served on a Maori, the provisions of the rules for the time being in force under the Magistrates’ Courts Act 1947, relating to translations of documents served on Maoris in civil proceedings, shall apply.”