Release from Custody Pending Appeal
23. (1) An application, under the provisions of the Code, for release pending appeal shall set forth the evidence and argument to be presented in support of the requirements stipulated by the Code for release.
(2) The application shall be accompanied by affidavit or affidavits, including where practicable an affidavit of the applicant, setting forth
(a) the particulars respecting the conviction and sentence;
(b) any grounds of appeal not specified in the notice of appeal;
(c) the applicant’s
(i) age, marital status, and dependents if any,
(ii) places of abode in the three years preceding conviction,
(iii) proposed place of abode if released,
(iv) employment prior to conviction and expected employment and address of employment if released, and
(v) criminal record, if any; and
(d) where the appeal is as to sentence only, any unnecessary hardship that would be caused if the applicant were detained in custody and the reasons why leave to appeal the sentence should be granted.
(3) Where the Attorney General desires to assert that the detention of the applicant is necessary and to rely on material other than that contained in the material filed by the applicant, the Attorney General shall file an affidavit setting out the facts on which the Attorney General relies.
(4) The applicant and the Attorney General may, with leave of the Court, cross-examine on affidavits filed by the opposite party.
(5) A judge may dispense with the filing of the affidavits referred to in this Rule and act on a statement of facts agreed on by counsel for the applicant and the Attorney General.
(6) The applicant may file a concise memorandum of fact and law and any portions of the transcript of the trial or hearing that may be required, in support of the argument that the appeal or application for leave to appeal is not frivolous. The Attorney General may file in reply.
(7) When granting an application for judicial interim release, the judge may make a separate order requiring that the applicant is to file his or her factum within a specified time period after receipt of the transcript by the Registrar, or after release is granted, if the transcript has been filed. The factum shall not be filed after the time specified except with the leave of the Chief Justice or the Court.
(8) Where judicial interim release is granted, the applicant shall prepare and file with the Registrar the order for judicial interim release, any recognizance or undertaking, which may take the form provided in the Code or the Young Offenders Act, and a notice to release from custody in Form H of these Rules.
24. (1) A party to the appeal may apply to the Court for an order that a post-sentence report be prepared.
(2) A party to the appeal may, with consent of the other party or with leave of the Court, file post-sentence information.
(3) Where a post-sentence report is ordered by the Court, the report shall be prepared in writing by the appropriate official of the penal institution and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel.
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