Page:Administration of Justice (Protection) Act 2016.pdf/32

Rh Attorney-General's power to take over conduct of proceedings, etc.

31. Where proceedings for contempt of court, that were not commenced by a court, are conducted by a person other than the Attorney-General, the Attorney-General may, if he or she thinks fit, take over the conduct of the proceedings at any stage of the proceedings and continue the proceedings or, with the consent of the court, discontinue the proceedings.

Appeals

32.—(1) An appeal lies from any order or decision of the High Court, a State Court, a Family Court or a Youth Court—
 * (a) in the exercise of its jurisdiction to try and punish for contempt of court; or
 * (b) otherwise under this Act.

(2) In addition to the cases in section 34(2) of the Supreme Court of Judicature Act (Cap. 322), no appeal under subsection (1) against any order or decision of the High Court in the exercise of its appellate jurisdiction can be brought to the Court of Appeal except with the leave of the High Court or the Court of Appeal.

(3) The appeal or application for leave to appeal must be filed in accordance with Rules of Court or Family Justice Rules, as the case may be, as if the appeal were an appeal in civil proceedings.

(4) An appeal does not operate as a stay of execution unless the trial court or the appellate court so orders.

(5) The trial court or the appellate court may stay execution on any judgment, order or punishment pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment or order as to the court may seem reasonable.

(6) At the hearing of the appeal, the appellate court has and may exercise any power which the trial court may have exercised.