Criminal Code (Cap. 9), article 422

422. (1) If, on any day appointed for the hearing of the appeal, the appellant fails to appear, his appeal shall be taken to hav e been abandoned and the judgment appeal ed from shall be carried into effect; but on an application by the appellant, filed within ei ght days from the day above-mentione d, together with a declaration sworn before the registrar by the appellant to the effect that he was, on account of illness or for any other reason independent of hi s will, to be expressly stated in the application, unable to atte nd on the day appointed as aforesaid, the court shall appoint another day for the hearing of the appeal, in which case the provisions of sub- articles (1) and (2) of the las t preceding article shall apply: Provided that the court may, in exceptional circumstances, appoint another day for the hearing of the appeal even where th e application is filed after the term mentioned in sub-article (1 ) has lapsed. Non-appearance of respondent. (2) If the respondent fails to appear, the court shall hear the appellant, and sha ll deliver judgment according to law. (3) Where the appellant was on bail as provided in article 416(1A) and (3) prior to the abandonment of the appeal, his req uest for temporary release from custody may be made in the same application mentioned in sub-article (1). Appearance of appellant when in custody. Added by: XI.1900.70.