Criminal Code (Cap. 9), article 421

421. (1) Notice of the day appointed by the superior court for the hearing of the appeal shall be given to the parties and to the injured party served with the notice of first hearing or admitt ed into the proceedings as provided in article 410(4) and (5) by means of a written order signed by the Registrar of Courts: Provided that the failure to serve the injured party with the notice of the date of the first hearing after an attempt has be en made to that effect or the absence of the injured party for any reason at any sitting shall not preclude the court from proceed ing with the appeal until final judgment: Provided further that if the ser vice of the notice of the date of the first hearing of the appeal is not delivered to the appellant in person, the notice shall be effected at the address of the residence me ntioned in the application of appeal, or, if a note is filed in the court registry by the appellant, who is not the Attor ney General, in accordance with sub- article (3A) of article 419, in the new indicated address in th at note. If the party at the time of service is not to be found at that res idence, the court marshal shall notify the party outside legal hours. If, e ven in this case, the notice is not delivered , then the court marshal shall immediately affix the notice on the outside door of that residence. (2) Where the appellant is not the Attorney General, and the proceedings before the inferior court have been instituted by t he Police, the said notice shall be given to the Attorney General for the respondent. (3) The injured party served with the notice of first hearing or admitted into the proceedings as provided in article 410(4) and (5) 280 CAP . 9.] CRIMINAL CODE may be present at any appeal hearing and may engage an advocate to assist him although he might not have been served with the notice referred to in sub-article (1) and although he may be a witness in the proceedings; any advocate engaged by the injured party may examine or cross-examin e witnesses and make any other submission which the court may consider admissible. (4) Notice in writing, as provided in sub-article (1), shall als o be given to the party in whose absence the appeal shall have be en put off. Non-appearance of appellant. Added by: XI.1900.70. Amended by: III.2002.97; XIII.2002.9; III.2022. III.2022.4.