QU OF NT AT A FE RU

BERMUDA

RULES OF THE COURT OF APPEAL FOR BERMUDA

BX 1 / 1965

[made under section 9 of the Court of Appeal Act 1964 and brought into operation on 2 August 1965]

WHEREAS a suit is now pending in the Supreme Court wherein the above-bounden [blank] is Plaintiff and the said [blank] is Defendant; AND WHEREAS a judgment was given by the Supreme Court therein, on the [blank] day of [blank] for the said [blank] and the said [blank] has filed Notice of Appeal from the said judgment; AND WHEREAS it is by law provided that the party appealing shall give security to the satisfaction of the Registrar of the Supreme Court for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant. AND WHEREAS the above-named [blank] and [blank] at the request of the said [blank] have agreed to enter into this obligation for the purposes aforesaid: NOW the condition of this obligation is such, and if the said [blank] shall duly prosecute the appeal and if the above-bounden [blank] and [blank] any or either of them shall pay any costs which may be ordered to be paid by the appellant this obligation shall be void, otherwise remain in full force. Signed, sealed and delivered (L.S.) in the presence of (L.S.) (L.S.)

RULES OF THE COURT OF APPEAL FOR BERMUDA

CIVIL FORM 5 In the Court of Appeal CERTIFICATE OF SERVICE OF NOTICE OF APPEAL (Order 2, Rule 12(1)(a)) Between Appellant(s) and Respondent(s) I, the undersigned Registrar of the Supreme Court DO CERTIFY that notice of appeal in the above-named case was duly served upon [blank] the Respondent herein. DATED at [blank] this [blank] day of [blank] 19 [blank] ....................................... Registrar of the Supreme Court

CIVIL FORM 6 In the Court of Appeal CERTIFICATE OF REGISTRAR THAT CONDITIONS OF APPEAL HAVE BEEN FULFILLED (Order 2, Rule 12(1)(b)) Between Appellant and Respondent I do hereby certify that the above-named Appellant has duly and punctually complied with the conditions of appeal imposed on him in the above-named case. DATED this [blank] day of [blank] 19 [blank] ....................................... Registrar of the Supreme Court The Registrar, Court of Appeal

CIVIL FORM 7 In the Court of Appeal NOTICE TO PARTIES OF DISPATCH OF RECORD

RULES OF THE COURT OF APPEAL FOR BERMUDA

(Order 2, Rule 12(2)) Between Appellant and Respondent TAKE NOTICE that the record in the above-named appeal has this day been forwarded to the Registrar of the Court of Appeal. ....................................... Registrar of the Supreme Court To

CIVIL FORM 8 In the Court of Appeal NOTICE BY RESPONDENT OF INTENTION TO CONTEND THAT THE DECISION OF THE SUPREME COURT BE VARIED (Order 2, Rule 13) Between Appellant and Respondent TAKE NOTICE that upon the hearing or the above appeal the Respondent herein intends to contend that the decision of the Supreme Court dated the [blank] day of [blank] 19 [blank], shall be varied as follows*— AND TAKE NOTICE that the grounds on which the Respondent intends to rely are as follows: 1 2

3 etc. DATED this [blank] day of [blank] 19 [blank] ....................................... Respondent

* State the variation which will be asked for

RULES OF THE COURT OF APPEAL FOR BERMUDA

CIVIL FORM 9 In the Court of Appeal NOTICE OF INTENTION TO CONTEND THAT JUDGMENT SHOULD BE AFFIRMED ON GROUNDS OTHER THAN THOSE RELIED ON BY THE SUPREME COURT (Order 2, Rule 13) Between Appellant and Respondent TAKE NOTICE that upon the hearing of the above appeal the Respondent intends to contend that the decision of the Supreme Court dated the [blank] day of [blank] 19 [blank], shall be affirmed on grounds other than those relied on by the Supreme Court. AND TAKE NOTICE that the grounds on which the Respondent intends to rely are as follows— 1 2

3 etc. DATED this [blank] day of [blank] 19 [blank] ....................................... Respondent

CIVIL FORM 10 In the Court of Appeal NOTICE BY RESPONDENT OF INTENTION TO RELY UPON PRELIMINARY OBJECTION (Order 2, Rule 14) Between Appellant and Respondent TAKE NOTICE that the Respondent herein named intends, at the hearing of this appeal, to rely upon the following preliminary objection notice whereof is hereby given to you, viz— AND TAKE NOTICE that the grounds of the said objection are as follows— 1

RULES OF THE COURT OF APPEAL FOR BERMUDA

3 etc. DATED this [blank] day of [blank] 19 [blank] ................................... Plaintiff/Defendant-Respondent To the above-named Plaintiff-Defendant-Appellant or his legal representative.

CIVIL FORM 11 In the Court of Appeal NOTICE OF WITHDRAWAL OF APPEAL (Order 2, Rule 15) Between Appellant and Respondent TAKE NOTICE that the Appellant(s) herein intend(s) and doth hereby wholly withdraw(s) his/their appeal against (all) the Respondent (s) in the above-mentioned appeal. DATED at [blank] this [blank] day of [blank] 19 [blank] ...................................... Appellant(s) The Registrar, Court of Appeal And to

CIVIL FORM 12 In the Court of Appeal NOTICE OF WITHDRAWAL OF APPEAL BY AGREEMENT (Order 2, Rule 15) Between Appellant and Respondent TAKE NOTICE that the above appeal is withdrawn with the consent of all parties thereto. DATED this [blank] day of [blank] 19 [blank]

RULES OF THE COURT OF APPEAL FOR BERMUDA

.......................................... Appellant or his legal representative .......................................... Respondent or his legal representative

CIVIL FORM 13 In the Court of Appeal CERTIFICATE AS TO NON-COMPLIANCE WITH CONDITIONS IMPOSED UPON A WOULD-BE APPELLANT (Order 2, Rule 17) Between Plaintiff(s)/Appellant(s) and Defendant(s)/Respondent(s) Pursuant to Order 2 rule 17 of the Court of Appeal Rules 1 hereby certify that the Appellant (s) in the above-named cause have/has complied with none of the requirements of Order 2, rules 9 and 10. DATED at [blank] this [blank] day of [blank] 19 [blank] ...................................... Registrar of the Supreme Court

CIVIL FORM 14 In the Court of Appeal FORM OF DECLARATION THAT A PARTY DOES NOT WISH TO BE PRESENT OR REPRESENTED AT HEARING OF APPEAL (Order 2, Rule 20) Between Appellant and Respondent I, [blank] Appellant/Respondent do hereby declare that I do not wish to be present in person or by counsel on the hearing of the above-mentioned appeal, but desire to submit the following arguments for the consideration of the Court* DATED this [blank] day of [blank] 19 [blank] ...................................... Appellant/Respondent

RULES OF THE COURT OF APPEAL FOR BERMUDA

* Here set your arguments concisely.

CIVIL FORM 15 In the Court of Appeal CERTIFICATE OF THE ORDER OF THE COURT (Order 2, Rule 30) Appeal from the decision of the Supreme Court dated the [blank] day of [blank] 19 [blank] Motion Appellant v. Respondent * ....................................... This appeal coming on for hearing on the [blank] day of [blank] 19 [blank] before [blank] in the presence of [blank] for the Appellant, and [blank] for the Respondent. I HEREBY CERTIFY that an Order was made as follows GIVEN under my hand and the Seal of the Court this [blank] day of [blank] 19 [blank] ...................................... Registrar of the Court

* Insert “Presiding Judge”.

RULES OF THE COURT OF APPEAL FOR BERMUDA

SECOND SCHEDULE

CRIMINAL FORM 1 In the Court of Appeal NOTICE OF APPEAL FROM DECISION OF THE SUPREME COURT SITTING AS A COURT OF FIRST INSTANCE (Order 3, Rule 3) Regina v [blank] To THE REGISTRAR OF THE SUPREME COURT.

I, [blank] having been convicted of the offence(1) [blank] and [blank] being now a prisoner in prison at [blank] or whose address for service is (2) [blank] do hereby give notice of appeal against my conviction (particulars of which hereinafter appear) to the Court on the following grounds (3)— (Signed or mark).............................. Appellant ................................ Signature and address of witness attesting mark DATED this [blank] day of [blank] 19 [blank] PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial

2. Sentence

3. Whether questions of law now raised were raised at the trial

........................................................... You are required to answer the following question— Do you desire to be present on the hearing of your appeal by the Court? N.B. The Court will, if you desire it, consider your case and argument if put into writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal. Note-This form should only be used where there is a right of appeal without leave.

(1) State the offence, e.g. murder

(2) Where appellant for any reason not in custody, set out address for service.

(3) State as clearly as you are able the grounds on which you desire to appeal.

RULES OF THE COURT OF APPEAL FOR BERMUDA

CRIMINAL FORM 2 In the Court of Appeal NOTICE OF APPLICATION FOR LEAVE TO APPEAL FROM DECISION OF THE SUPREME COURT SITTING AS A COURT OF FIRST INSTANCE (Order 3, Rule 3) Regina v [blank] To THE REGISTRAR OF THE SUPREME COURT.

I, [blank] having been convicted of the offence of(1) [blank] and now being a prisoner in prison at [blank] (or whose address for service is(2) [blank] )

and being desirous of appealing against my conviction/sentence(3), DO HEREBY GIVE NOTICE that I hereby apply for leave to appeal on the following grounds (4)— Signed or Mark........................................ Applicant Signature and Address of Witness attesting Mark ............................... DATED this [blank] day of [blank] 19 [blank] PARTICULARS OF TRIAL AND CONVICTION

1 Date of trial

2 Sentence

(1) State whether or not you desire to be present when the Court considers your present application for leave to appeal and whether or not you are legally represented.

(2) The Court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal. State if you desire to be present at the final hearing of your appeal .............................................................................................................

(1) State the offence, e.g. larceny, forgery, etc.

(2) Where appellant for any reason not in custody, set out address for service.

(3) If the appellant wishes to appeal against conviction only he should strike out the word “sentence”. If he wishes to appeal against sentence only he should strike out the word

RULES OF THE COURT OF APPEAL FOR BERMUDA

“conviction”. If he wishes to appeal against conviction and sentence he should leave in both words.

(4) He should state as clearly and concisely as possible the grounds on which he desires to appeal.

CRIMINAL FORM 3 In the Court of Appeal NOTICE OF APPEAL FROM DECISION OF THE SUPREME COURT SITTING IN ITS APPELLATE JURISDICTION (Order 3, Rule 3) [blank] V [blank] To THE REGISTRAR OF THE SUPREME COURT. I, [blank] having [blank] v [blank]

been convicted of the offence of(1) [blank] now being a prisoner in prison at [blank] (or whose address for service is(2) [blank] ) DO HEREBY GIVE NOTICE of appeal against the decision of the Supreme Court on the following grounds (3)— Signed or Mark....................................... Applicant Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] PARTICULARS OF TRIAL AND CONVICTION

1 Date of trial and sentence

2 Sentence

(1) State whether or not you desire to be present when the court considers your application for leave to appeal and whether or not you are legally represented.

(2) The Court will, if you desire it, consider your case and argument if put into writing by you or on your behalf instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal. State if you desire to be present at the final hearing of your appeal ................................................................. .................................................................

RULES OF THE COURT OF APPEAL FOR BERMUDA

(1) State the offence, e.g. larceny, forgery, etc.

(2) Where appellant for any reason not in custody, set out address for service.

(3) Set forth the grounds on which you desire to appeal and specify the extent, if any, to which the supreme Court varied the decision of the trial. It should also be stated whether the appeal is against conviction only or against sentence only, or against both sentence and conviction.

CRIMINAL FORM 4 In the Court of Appeal NOTICE OF APPLICATION FOR LEAVE TO APPEAL FROM DECISION OF THE SUPREME COURT SITTING IN ITS APPELLATE JURISDICTION (Order 3, Rule 3) [blank] V [blank] To THE REGISTRAR OF THE SUPREME COURT.

I, [blank] having been convicted of the offence of(1) [blank] and now being a prisoner in prison at [blank] (or whose address for service is(2) [blank]) DO HEREBY GIVE NOTICE THAT I hereby apply for leave to appeal against the decision of the Supreme Court on the following grounds (3)— Signed or Mark ....................................... Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] PARTICULARS OF TRIAL AND CONVICTION

1 Date of trial and sentence

2 Sentence

(1) State whether or not you desire to be present when the Court considers your application for leave to appeal and whether or not you are legally represented.

(2) The Court will, if you desire it, consider your case and argument if put into writing by you or on your behalf instead of your case and argument being presented orally. If you desire to present your case and argument in writing submit as fully as you think right your case and argument in support of your appeal. State if you desire to be present at the final hearing of your appeal

RULES OF THE COURT OF APPEAL FOR BERMUDA

.................................................................. .................................................................

(1) State the offence, e.g. larceny, forgery, etc.

(2) Where appellant for any reason not in custody, set out address for service.

(3) Set forth the grounds on which you desire to appeal and specify the extent, if any, to which the supreme Court varied the decision of the trial. It should also be stated whether the appeal is against conviction only or against sentence only, or against both sentence and conviction.

CRIMINAL FORM 5 In the Court of Appeal NOTICE OF APPEAL BY PROSECUTOR (Order 3, Rule 3) [blank] V [blank] To THE REGISTRAR OF THE SUPREME COURT. I, [blank] of [blank] the prosecutor in the above case being desirous of appealing against the decision of the Supreme Court therein, DO HEREBY GIVE NOTICE OF APPEAL on the following grounds— .............................. Prosecutor DATED this [blank] day of [blank] 19 [blank] PARTICULARS OF TRIAL AND CONVICTION

1 Date of trial

2 In what court tried

3 Nature of conviction

4 Sentence

CRIMINAL FORM 6 In the Court of Appeal

RULES OF THE COURT OF APPEAL FOR BERMUDA

NOTIFICATION BY REGISTRAR OF SUPREME COURT OF RESULT OF APPLICATION FOR CERTIFICATE THAT CASE IS FIT FOR APPEAL (Order 3, Rule 6) Regina v [blank] To THE REGISTRAR OF THE COURT OF APPEAL. I hereby give you notice that on the [blank] day of [blank] 19 [blank] the Supreme Court granted/refused an application for a certificate that the case of which particulars are set out below is one fit for an appeal against conviction. DATED this [blank] day of [blank] 19 [blank] Registrar of ....................................... PARTICULARS OF TRIAL AND CONVICTION

1 No. of case

2 Court of trial

3 Name of accused

4 Result of trial Note-The Registrar of the Supreme Court should forward with this notice the application for leave to appeal.

CRIMINAL FORM 7 In the Court of Appeal NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL (Order 3, Rule 5) Regina v [blank] To THE REGISTRAR OF THE .......................................

I, [blank] having been convicted of the offence of (1) [blank] in the [blank] court, held at [blank] on the [blank] day of [blank] 19 [blank], and being now a prisoner in prison at [blank] (or whose address for service is (2) [blank]) give you notice that I hereby apply to the Court for an extension of time within which I may give Notice of Appeal (or Notice of Application for leave to Appeal) on the grounds (3) following— Signed or Mark...................................... Applicant Signature and Address of Witness attesting Mark .......................................

RULES OF THE COURT OF APPEAL FOR BERMUDA

DATED this [blank] day of [blank] 19 [blank] You are required to send to the Registrar of the Court, duly filled up Form 1, Form 2, Form 3 or Form 4, whichever is appropriate.

(1) State the offence, e.g. larceny, forgery, etc.

(2) Where appellant for any reason not in custody, set out address for service.

(3) Set out clearly and concisely the reasons for the delay in giving such notice and the grounds on which you submit the Court should extend the case.

CRIMINAL FORM 8 In the Court of Appeal NOTIFICATION TO APPELLANT OF A SINGLE JUDGE’S DECISION (Order 3, Rule 7) Regina v [blank] I hereby give you notice that a Judge of the Court of Appeal having considered your application(s) for—

(a) leave to appeal;

(b) for extension of time within which notice of appeal or of application for leave to appeal may be given;

(c) admission to bail;

(d) leave to withdraw abandonment of appeal; has refused the application(s) marked. [blank] (and has granted the application(s) marked. [blank]) If you desire to have the above-mentioned application(s), which have been refused, determined by the full Court, you are required to fill up the enclosed Criminal Form 9 and return it to me forthwith. DATED this [blank] day of [blank] 19 [blank] Signed.............................. Registrar of the Court To the above-named

CRIMINAL FORM 9 In the Court of Appeal

RULES OF THE COURT OF APPEAL FOR BERMUDA

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF A SINGLE JUDGE (Order 3, Rule 7) Regina v [blank] To THE REGISTRAR OF THE COURT OF APPEAL I, [blank] having received your notification that my application(s) for—

(a) leave to appeal;

(b) for extension of the time within which notice of appeal or application for leave to appeal may be given;

(c) admission to bail;

(d) leave to withdraw abandonment of appeal, have been refused; DO HEREBY GIVE YOU NOTICE that I desire that the said application(s) shall be considered and determined (and that as I am not legally represented I desire to be present at the determination of my said application(s) )* Signed or Mark....................................... Appellant Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] If you desire to state any reasons in addition to those set out by you in your original notice upon which you submit that the full Court should grant your said application(s), you may do so in the space below.

* Strike out if you do not desire to be present,

CRIMINAL FORM 10 In the Court of Appeal RECOGNIZANCE OF BAIL OF APPELLANT (Order 3, Rule 15) Regina v. [blank] BE IT REMEMBERED THAT WHEREAS [blank] was convicted of [blank] on the [blank] day of [blank] 19 [blank] and was thereupon sentenced to [blank] and now is in lawful custody in prison at [blank] and has duly appealed against his conviction (and sentence) to the Court and has applied for bail pending the determination of his appeal, and has been granted bail on entering into his own recognizances in the sum of $................... (with sureties each in the sum of $ .................), the said [blank] personally

RULES OF THE COURT OF APPEAL FOR BERMUDA

come before me the undersigned, being the [blank] (state office) and acknowledges himself to owe to Our Sovereign Lady the Queen the said sum of $.................... of good and lawful money, to be made and levied of his goods and chattels, lands and tenements to the use of Our Sovereign Lady the Queen, Her heirs and successors, if he the said [blank] fail in the condition endorsed. TAKEN AND ACKNOWLEDGED this [blank] day of [blank] 19 [blank] at [blank], before me. (state office) CONDITION The condition of the within written recognizance is such that if the said [blank] shall personally appear and surrender himself at and before the Court at each and every hearing of his appeal to such Court and at the final determination thereof and then and there abide by the judgment of the said Court and not depart or be absent from such Court at any such hearing without the leave of the said Court, and in the meantime not depart from his usual place of abode without the leave of the Court, then this recognizance shall be void, otherwise of full force and effect. The following to be filled up by the Appellant and signed by him— When released on bail my address for service, to which any Notices, etc., are to be addressed, will be as follows— Signed ....................................... Appellant

CRIMINAL FORM 11 In the Court of Appeal RECOGNIZANCE OF APPELLANT’S SURETIES (Order 3, Rule 15) Regina v. [blank] BE IT REMEMBERED that on this [blank] day of [blank] 19 [blank] of [blank] and [blank] of [blank] came before me the undersigned being the [blank] (state office) and severally acknowledged themselves to owe to Our Sovereign Lady the Queen the several sums following, that is to say, the said [blank] the sum of $.................... and the said [blank] the sum of $.................... of good and lawful money, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of Our Sovereign Lady the Queen, Her heirs and successors, if [blank] now in lawful custody in prison at [blank] fail in the condition hereon endorsed TAKEN AND ACKNOWLEDGED before me the undersigned, the day and year first above-mentioned. .................................... Magistrate/Registrar

RULES OF THE COURT OF APPEAL FOR BERMUDA

CONDITION The condition of the within written recognizance is such that whereas the said [blank] having been convicted of [blank] and now in such lawful custody as before mentioned (under a sentence of for such offence), has duly appealed to the Court against his said conviction (and sentence), and having applied to the said Court for bail, pending the determination of his said appeal, has been granted bail on his entering into recognizances in the sum of $..................................... with sureties each in the sum of $.............................. if the said [blank] shall personally appear and surrender himself at and before the said Court and at the final determination of the said appeal, and then and there abide by the judgment of the said Court, and not depart or be absent from the said Court at any such hearing without the leave of the Court, and in the meantime not depart from his usual place of abode without the leave of the Court, then this recognizance shall be void, otherwise of full force and effect.

CRIMINAL FORM 12 In the Court of Appeal WARRANT FOR ARREST OF APPELLANT ON BAIL (Order 3, Rule 15) Regina v. [blank] To THE CONSTABLES OF THE BERMUDA POLICE FORCE, AND TO THE COMMISSIONER OF PRISONS. WHEREAS [blank] an Appellant to the Court has been released on bail, and it has now been ordered by the said Court that a Warrant be issued for the apprehension of the said [blank] These are therefore to command you the said Constables forthwith to apprehend the said [blank] and to bring him to the Commissioner of Prisons and there deliver him with this warrant into the custody of the said Commissioner of Prisons and you the said Commissioner of Prisons arc hereby required to receive the said [blank] into your custody and there safely to keep him until further order of the said Court. ................................... Presiding Judge DATED this [blank] day of [blank] 19 [blank]

CRIMINAL FORM 13 In the Court of Appeal NOTICE OF ABANDONMENT OF APPEAL (Order 3, Rule 20)

RULES OF THE COURT OF APPEAL FOR BERMUDA

Regina v. [blank] I, [blank having been convicted of [blank], in the [blank] Court at [blank] and having been desirous of appealing to the Court against my said conviction (or the sentence of [blank] passed upon me on my said conviction) do hereby give you notice that I do not intend further to prosecute my appeal, but that I hereby abandon all further proceedings in regard thereto as from the date hereof. Signed or Mark....................................... Applicant Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] To THE REGISTRAR OF THE COURT OF APPEAL.

CRIMINAL FORM 14 In the Court of Appeal NOTIFICATION OF ABANDONMENT OF APPEAL (Order 3, Rule 20) Regina v. [blank] To THE DIRECTOR OF PUBLIC PROSECUTIONS and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF PRISONS. This is to give you notice that I have this day received from the above-named [blank] a notice of abandonment of all proceedings in regard to his appeal to the Court. The said notice is dated [blank] day of [blank] 19 [blank]. By rule 20 of the Rules of the Court of Appeal Rules, 19 [blank] upon the notice of abandonment being given the appeal shall be deemed to have been dismissed by the Court. DATED this [blank] day of [blank] 19 [blank] .................................... Registrar of the Court

CRIMINAL FORM 15 In the Court of Appeal NOTICE OF APPLICATION FOR LEAVE TO WITHDRAW AN ABANDONMENT OF APPEAL (Order 3, Rule 21) To THE REGISTRAR, COURT OF APPEAL.

RULES OF THE COURT OF APPEAL FOR BERMUDA

I, [blank], having been convicted of the offence of (1) [blank] and now being a prisoner in prison at [blank] (or) whose address for service is [blank] and having duly sent a notice that I desired to appeal to the Court of Appeal and having abandoned my appeal: GIVE YOU NOTICE, that I hereby apply to the Court of Appeal for leave to withdraw my Notice of Abandonment, in the special circumstances following(2) Signed or Mark ....................................... Applicant Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] Note‑Form 7 must be filled up and sent with this Notice to the Registrar.

(1) State the offence, e.g. larceny, forgery, etc.

(2) Set out as clearly and concisely as possible the special reasons for giving such notice, and the grounds on which you submit the Court should allow you to withdraw the abandonment.

CRIMINAL FORM 16 In the Court of Appeal ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION (Order 3, Rule 22(1)) Regina v. [blank] To ....................................... (Name of witness) of ....................................... (Address) WHEREAS on good cause shown to the Court you have been ordered to attend and be examined as a witness before such Court upon the appeal of the above-named. This is to give you notice to attend before the said Court at [blank] on [blank] the [blank] day of [blank] 19 [blank], at [blank] o’clock in the [blank] noon. You are also required to have with you at the said time and place any books, papers or other things relating to the said appeal which you may have had notices so to produce. .................................... Registrar of the Court DATED this [blank] day of [blank] 19 [blank]

RULES OF THE COURT OF APPEAL FOR BERMUDA

CRIMINAL FORM 17 In the Court of Appeal APPELLANT’S APPLICATION FOR FURTHER WITNESSES (Order 3, Rule 22(2)) Regina v. [blank] I, [blank] having appealed to the Court, hereby request you to take notice that I desire that the said Court shall order the witnesses hereinafter specified to attend the Court and be examined on my behalf. Signed or Mark ....................................... Appellant Signature and Address of Witness attesting Mark ....................................... DATED this [blank] day of [blank] 19 [blank] You are required to fill up the following and sign the same.

1 Names and addresses of witnesses

2 Whether such witnesses have been examined at trial

3 If not, state the reason why they were not so examined.

4 On what matters do you wish them to be examined on the appeal? State shortly the evidence you think they can give.

CRIMINAL FORM 18 In the Court of Appeal NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER (Order 3, Rule 22(5)) Regina v. [blank] To ....................................... (Name of witness) of ....................................... (Address of witness) WHEREAS on good cause shown to the Court you have been ordered to be examined as a witness upon the appeal of the above-named, and your deposition to be taken for the use of the said Court.

RULES OF THE COURT OF APPEAL FOR BERMUDA

This is to give you notice to attend at [blank] on the [blank] day of (Specify place of examination) [blank] 19 [blank], before (Fill in examiner’s name)[blank] at [blank] o’clock in the [blank] noon. You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you have had notice so to produce. .............................. Registrar of the Court DATED this [blank] day of [blank] 19 [blank]

CRIMINAL FORM 19 In the Court of Appeal CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER (Order 3, Rule 22 (7) ) Regina v. [blank] The deposition (on oath) taken before me the undersigned, being an examiner duly appointed by the Court in that behalf of [blank] of [blank] (Name of witness) of (Address of witness) and of [blank] (Name of witness) of (Address of witness) examined before me under an order of the said Court dated [blank] day of [blank] 19 [blank] in the presence of the said [blank] Appellant (or of his legal representative) and the Respondent at [blank] on the [blank] day of [blank] 19 [blank], which said Appellant (or his legal representative) and Respondent had full opportunity of asking questions of the said witnesses, to whom the depositions following were read by me before being signed by them the said witnesses respectively. The deposition of [blank] of [blank] who (upon oath duly administered by me) said as follows— DATED this [blank] day of [blank] 19 [blank] ............................. Examiner

CRIMINAL FORM 20 In the Court of Appeal NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION (Order 3, Rule 24(1)) Regina v. [blank]

RULES OF THE COURT OF APPEAL FOR BERMUDA

To THE ABOVE-NAMED APPELLANT. This is to give you notice that the Court have considered the matter of your application for—

(a) leave to appeal to the said Court;

(b) leave to extend the time within which you may give notice of appeal or of application for leave to appeal;

(c) admission to bail;

(d) leave to withdraw abandonment of appeal; and have finally determined the same and have this day given judgment to the effect following— .............................. Registrar of the Court DATED this [blank] day of [blank] 19 [blank]

CRIMINAL FORM 21 In the Court of Appeal NOTICE TO AUTHORITIES OF RESULT OF APPLICATION (Order 3, Rule 24 (1) ) Regina v. [blank] TO THE DIRECTOR OF PUBLIC PROSECUTIONS and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF PRISONS. This is to give you notice that the above-mentioned having applied for—

(a) leave to appeal to the said Court;

(b) leave to extend the time within which he may give notice of appeal or of an application for Leave to appeal;

(c) admission to bail;

(d) leave to withdraw abandonment of appeal; the Court have this day finally determined his said applications and have given judgment to the effect following— .............................. Registrar of the Court DATED this [blank] day of [blank] 19 [blank]

RULES OF THE COURT OF APPEAL FOR BERMUDA

CRIMINAL FORM 22 In the Court of Appeal NOTIFICATION TO APPELLANT OF THE RESULT OF HIS APPEAL (Order 3, Rule 24(1)) Regina v. [blank] To THE ABOVE-NAMED APPELLANT. This is to give you notice that the Court having considered the matter of your appeal have finally determined the same and have this day given judgment to the effect following— .................,............ Registrar of the Court DATED this [blank] day of [blank] 19 [blank]

CRIMINAL FORM 23 In the Court of Appeal NOTICE TO AUTHORITIES OF RESULT OF APPEAL (Order 3, Rules 24 and 25) Regina v [blank] TO THE ATTORNEY GENERAL and to THE REGISTRAR OF THE SUPREME COURT and to THE COMMISSIONER OF PRISONS. This is to give you notice that the above-named having appealed against his conviction for the offence of [blank] before the [blank] Court, and/or the sentence of [blank] passed upon him for the offence of [blank] by the [blank] Court, the Court have finally determined the said appeal, and have this day given judgment therein to the effect following— Signed .............................. Registrar of the Court DATED this [blank] day of [blank] 19 [blank] [Second Schedule, Criminal Forms 14 and 21 amended by 1999:8 s.2 & Sch 1 effective 1 April 1999]

RULES OF THE COURT OF APPEAL FOR BERMUDA

THIRD SCHEDULE

FEES

* “commercial action” has the meaning provided in Order 72 of the Rules of the Supreme Court 1985.

** A “special sitting” is one for which leave is granted by the President of the Court of Appeal because it could not be accommodated within a regular session of the Court.

1. FEE FOR NON- FEE FOR COMMERCIAL COMMERCIAL ACTIONS* ACTIONS* On filing Notice of Appeal against a final

(1) judgment or decision (including service of notice $300.00 $1,000.00 on respondent): On respondent’s Notice of Intention to contend

(2) $275.00 $800.00 that the decision of Court below be varied:

On filing Notice of Appeal against an

(3) $125.00 $500.00 interlocutory order or decision: On filing motion or notice of application for leave

(4) to appeal or notice of application for extension of $125.00 $500.00 time: On filing Notice of Appeal where leave granted

(5) $175.00 $800.00 (including service of notice on respondent):

On filing motion or application for extension of

(6) time—

(a) if the time has not yet expired: $50.00 $400.00

(b) if the time has already expired: $125.00 $600.00

On filing any motion or application not

(7) $125.00 $500.00 otherwise provided for:

On filing motion for stay of execution (if

(8) $125.00 $500.00 application is made by separate motion):

On filing amended or additional grounds of

(9) appeal—

(a) if filed without leave of the Court: $125.00 $500.00

RULES OF THE COURT OF APPEAL FOR BERMUDA

(b) if filed with leave of the Court under Order 2, $250.00 $900.00 rule 2(8): On filing notice of address for service under

(10) Order 2, rule 6 (including service of notice on $50.00 $300.00 appellant):

(11) On settling the record: $175.00 $800.00

A transcriber’s A transcriber’s contract price contract price or the or the Registrar’s Registrar’s estimate of the estimate of the cost to the cost to the Court for Court for For transcript from the official record of the

(12) carrying out carrying out proceedings in the Supreme Court: the the transcription in transcription relation to the in relation to length of the the length of official the official transcript transcript requested. requested. For preparation of the record (per page, per

(13) $2.00 $4.00 copy):

For the Registrar’s certificate that the conditions

(14) $200.00 $800.00 of appeal have been fulfilled:

On amending or adding to grounds of appeal by

(15) $125.00 $1,000.00 leave or direction of the Court at the hearing:

$2,000.00

(16) Hearing fee payable in advance for any appeal: $500.00 per half-day

On filing motion to restore appeal dismissed

(17) $200.00 $1,000.00 under Order 2, rule 17:

On filing motion to restore appeal struck out

(18) $200.00 $1,000.00 under Order 2, rule 21:

On filing motion to set aside and re-hear appeal

(19) $175.00 $700.00 determined ex parte:

(20) On filing a bill of costs: $50.00 $400.00

RULES OF THE COURT OF APPEAL FOR BERMUDA

On taxing a bill of costs where taxation is non-

(21) $100.00 $500.00 contentious:

On taxing a bill of costs where taxation is $800.00

(22) $250.00 contentious: per half-day

On filing motion to set aside Taxing Officer’s

(23) $125.00 $800.00 decision or order:

(24) (a) On filing notice of abandonment of appeal: $125.00 $1,000.00

(b) Adjourning a case to a future session: $125.00 $1,000.00

On every certificate of the order of the Court of

(25) Appeal made on the final determination of $50.00 $1,000.00 appeal: For swearing an affidavit or making a

(26) $25.00 $50.00 declaration, per deponent:

For marking any paper annexed to an affidavit

(27) $5.00 $25.00 or declaration:

(28) On filing a security bond: $25.00 $500.00

(29) On filing any other document or exhibit: $25.00 $50.00

(30) On justification of sureties, for each surety: $50.00 N/A

(31) For the drawing up of any order or judgment: $50.00 $200.00

(32) For every subpoena: $25.00 $150.00

(33) On warrant for prisoner to give evidence: $25.00 N/A

(34) On inspection of any document or judgment: $25.00 $50.00

For searching the archives, for each period of six

(35) $50.00 $200.00 months or part thereof:

RULES OF THE COURT OF APPEAL FOR BERMUDA

$2.00 $4.00

(36) For preparing a copy where authorized: per page per page

On filing motion for leave to appeal to the Privy

(37) $500.00 $4,000.00 Council:

On every bond where the appeal is to the Privy

(38) $50.00 $300.00 Council:

On making and drawing up order for leave to

(39) $75.00 $400.00 appeal to the Privy Council:

(40) Filing submissions or skeleton arguments: $25.00 $150.00

(41) Special sitting** fees shall be as set out below—

(a) For the convening of a special sitting** of up to three (3) days’ duration:

This fee shall be payable by an appellant (or in any case where there is more than one appellant, the appellants in equal portions) who in any proceeding other than a criminal proceeding obtains with the leave of the President of the Court of Appeal the fixture of the hearing of $30,000.00 $30,000.00 an appeal which may not be accommodated within the regular sessions of the Court: Provided that an appellant (or appellants) who succeeds upon appeal, in whole or in part, may in the discretion of the Court be awarded the recovery of fees paid or such portion as in its discretion the Court thinks fit, pursuant to this subparagraph as costs of the appeal.

RULES OF THE COURT OF APPEAL FOR BERMUDA

(b) For the convening of a special sitting** of duration beyond three (3) days for each additional day:

This fee shall be payable by an appellant (or in any case where there is more than one appellant, the appellants in equal portions) who in any proceeding other than a criminal proceeding obtains with the leave of the President $10,000.00 $10,000.00 of the Court of Appeal the fixture of the hearing of an appeal which may not be accommodated within the regular sessions of the Court: Provided that an appellant (or appellants) who succeeds upon appeal, in whole or in part, may in the discretion of the Court be awarded the recovery of fees paid or such portion as in its discretion the Court thinks fit, pursuant to this subparagraph as costs of the appeal.

(c) In a case where arrangements must be made for the rental of a hearing room for the convening of the Court in subparagraphs (41)(a) and (41)(b), the arrangements, unless otherwise directed by the Court, will be made by the Registrar in consultation with the parties as to the specifications required for configuration and fitting out. All related costs, unless otherwise ordered by the Court, shall be paid to the Court by the appellant (or appellants as the case may be in equal portions) subject to any recovery of those costs, in whole or in part, as may ultimately be allowed as costs of the appeal.

The fee for the service of any document or

2 process shall be that charged for such service by the Supreme Court. The allowances payable to witnesses shall be

3 those payable to witnesses in the Supreme Court. The fee for the services of a special interpreter of

4 a language not in common use shall be that charged for such services by the Supreme Court.

RULES OF THE COURT OF APPEAL FOR BERMUDA

The following fees in connexion with appeals are assessable in accordance with the rules in force in the Supreme Court, and are not prescribed by

5 these Rules—

Fees for any application made to and determinable by the Supreme Court. [Third Schedule revoked and replaced by BR 24 / 2024 rule 2 effective 1 April 2024]

RULES OF THE COURT OF APPEAL FOR BERMUDA

FOURTH SCHEDULE

SCALE OF COSTS PAYABLE TO BARRISTERS AND ATTORNEYS

SCALE A (CIVIL CAUSES AND MATTERS) Unless otherwise specified, costs payable to barristers and attorneys shall be taxed at the following rates per hour or any fraction thereof (hereinafter called the “Hourly rate”)— Number of Years Called to the Bar Hourly Rate

(a) not less than one year, $350 to $450 (at the discretion of but less than three years: the Registrar);

(b) three years or more, $400 to $550 (at the discretion of but less than nine years: the Registrar);

(c) nine years or more: $550 to $650 (at the discretion of the Registrar):

(1) On advising client as to appeal: Hourly rate

(2) On preparing and drawing notice of appeal or cross- appeal or application for leave to appeal: Hourly rate

(3) For attending at the Registry and filing notice of appeal or cross-appeal or notice of motion: $75.00

(4) On service of notice of appeal or cross-appeal $75.00

(5) On preparing for the settling of the record: Hourly rate

(6) For attending at the Registry for the settling of the record: Hourly rate

(7) For attending at the Registry to pay fees for the settling of the record: $75.00

(8) On preparing appeal bond including filing and service thereof: $300.00

(9) On preparing for the hearing of appeal: Hourly rate

(10) On attending in Court or a Judge in Chambers for hearing of appeal: Hourly rate

(11) On attending in Court to hear judgment: Hourly rate

(12) Where no costs are specified by these Rules in respect of any matter or thing the Registrar may allow the costs applicable to such matter or thing as is laid down in the rules in force in the Supreme Court.

SCALE B

RULES OF THE COURT OF APPEAL FOR BERMUDA

(APPEALS IN CRIMINAL CASES) This scale shall apply only for taxation of costs ordered to be taxed and paid as between party and party on an appeal to the Court from a decision of the Supreme Court given in its original or appellate jurisdiction in a criminal cause or matter.

1 A fee for instructions to include all work done in and about the appeal other than that chargeable under the subsequent item, at the discretion of the Registrar: Hourly rate

2 A fee for each necessary attendance in Court or Chambers, as allowed under items 10 and 11 of Scale A, but in every case at one-half of the amount shown for such item in that scale.

[Fourth Schedule substituted by BR 24 / 2005 effective 17 June 2005; Fourth Schedule amended by BR 7 / 2018 rule 4 effective 7 March 2018]

RULES OF THE COURT OF APPEAL FOR BERMUDA

FIFTH SCHEDULE

Fees payable to a barrister and attorney assigned pursuant to section 26 (1) of the Act or pursuant to Rule 33 to represent an appellant. Costs payable to attorneys shall be taxed at such rate per hour as may be prescribed from time to time pursuant to regulations made under the Legal Aid Act 1980 (hereinafter called the “Legal Aid rate”) or any fraction thereof. Attending upon appellant to take instructions: Legal Aid rate Drawing notice of appeal and making necessary copies thereof: Legal Aid rate Attending in Court on hearing of appeal: Legal Aid rate

[5th Schedule substituted by BR24/2005 effective 17 June 2005]

[Operative Date: 02 August 1965]

[Amended by: SR&O 9 / 1967 SR&O 182 / 1969 SR&O 26 / 1970 SR&O 72 / 1971 SR&O 36 / 1976 BR 1 / 1979 BR 8 / 1988

1999 : 8

BR 24 / 2005 BR 81 / 2006 BR 7 / 2018 BR 24 / 2024]