Part 7 Miscellaneous

27   Prerogative of mercy preserved

Nothing in this Act limits or affects in any manner the prerogative of mercy.

28   Rules of court

(1)  Rules of court for the purposes of this Act may be made under the Supreme Court Act 1970.

(1A)  Subsection (1) does not limit the rule-making powers conferred by the Supreme Court Act 1970.

(2)  Such rules may be made with respect to all or any of the following matters:

(a)  The regulation of the practice and procedure under this Act,

(b)  The sitting of the court if necessary during any vacation,

(c)  The powers and duties of the registrar and other officers of the court,

(d)  The detention of an appellant pending any appeal, or application for leave to appeal, or new trial,

(e)  The safe custody of any property with respect to which an order for restitution has been suspended,

(f)  The taking of shorthand notes and the making of transcripts thereof,

(g)  Applications for and furnishing of notes of trial and reports by judges of courts of trial,

(h)  Any matters which in the opinion of the Rule Committee of the Supreme Court are necessary or expedient for giving effect to the purposes of this Act.

(3), (4)  (Repealed)

28A   Operation of sections 18 and 25A

(1)  This section applies if, under section 18 or 25A, any period does not count as part of any term of imprisonment under an appellant’s sentence.

(2)  The court may make any order that it thinks fit to give effect to section 18 or 25A (including an order specifying the date of the commencement or re-commencement of the sentence).

(3)  If the court does not make such an order, the sentence commences or re-commences on the appropriate date required for the operation of section 18 or 25A.

(4)  This section extends to apply in respect of the following appeals:

(a)  an appeal made, but not determined, before the commencement of this section,

(b)  an appeal in respect of which notice of intention to appeal or to apply for leave to appeal or application for leave (or for special leave) to appeal was made before the commencement of this section.

29   Bail Act 1978 to prevail

The Bail Act 1978 shall prevail to the extent of any inconsistency between that Act and this Act and, without affecting the generality of the foregoing provisions of this section, shall prevail to the extent of any inconsistency between that Act and rules referred to in sections 5AA (6), 8 (2) and 28 or in section 5AA (6) as applied by section 5AB.

30   Savings and transitional provisions

Schedule 1 has effect.