clr/1973/1973_2_81.pdf

(2)of theCourts of Justice Law, 1960.(Lawof theRepublic No. 14 of 1960)does not createan unlimitedrightof appealin criminal cases—But only a right ofappeal regulatedby theCriminal Procedure Law, Cap. 155. Appeal—Right of appeal—In criminalcases—Remand orders—See supra.Criminal Procedure—Remand order—Appeal—See supra. In this case the Supreme Court held that it is not possible to construe section 157 of the Criminal Procedure Law, Cap. 155 (see thefull text of this sectionpost in thejudgment) in such a manner as to deduce from its provisions that it possessesjurisdiction thereunder to interfere on appeal with an order for remand in custody made on the adjournment of the hearing of a criminalcasebyanother Courtexercisingcriminaljurisdiction. jGases referredto:-Christofi v. The Police

(1970)2 C.L.R. 117; Georghadji andAnother v. The Republic

(1971)2 C.L.R.

1. Appeals against order of remand in custody. Appeals by Georghios Lazarou and Others against the order of the District Court of Larnaca (Artemides, D.J.), made on the 3rd April, 1973 in Cr. Case No. 3451/73, whereby the 81 1973 April 9 1973 " April 9 GEORGHIOS LAZAROU AND OTHERS V. THE POLICE Appellants were remanded in custody upon the adjournment of the hearing of the said criminal case against them and after they had been charged and pleaded not guilty. D. Papachrysostomou, for the Appellants. CI. Antoniades, Counsel of the Republic, for the Respondents. The judgment of the Court was delivered by:TRIANTAFYLLIDES,P.: In thiscaseweare dealing with appeals made against an order made by the District Court of Laraaca, in a criminal case, on the 3rd April, 1973,remanding in custody the five Appellants, who are the accused in that case, until the 12th April, 1973; the said order was made after the Appellants had been charged and pleaded not guilty, that is after the commencement of their trial, which was then adjourned till the 12th April,
2. Counsel for the Appellants has relied, in argument, on sections 157 of the Criminal Procedure Law, Cap. 155, and 25

(2)of the Courts of Justice Law, 1960 (14/60). Section 25

(2)of Law 14/60 does not create an unlimited right of appeal in criminal cases, but only a right of appeal regulated by Cap. 155 (see, inter alia, Christofi v. The Police

(1970)2 C.L.R. 117and Georghadji andAnother v. TheRepublic

(1971)2 C.L.R. 229). Section 157 of Cap. 155 reads as follows:" 157.

(1)Subject to the provisions of subsection

(2)of this section, any Court exercising criminaljurisdiction may, if it thinks proper, at any stage of the proceedings, release on bail any person charged or convicted of any offence, upon the execution by such person of a bail bond as in this Law provided.

(2)In no case a person upon whom sentence of death has been passed shall be released on bail; and no person charged of any offence punishable with death shall be released on bail, except by an order of a Judge of the Supreme Court". We do not propose to refer to other cases in the past in which appeals against remand orders were entertained; because none of them involved a remand order at a stage of the proceedings 82 such as the one in the present case. In the absence of any authority to the contrary—and none was cited—we are of the opinion that it is not possible to construe section 157 in such a manner as to deduce from its provisions that we possess jurisdiction thereunder to interfere on appeal with an order for remand in custody made on the adjournment of the hearing of a criminal case by anotherCourt exercising criminal jurisdiction. For this reason these appeals fail and have to be dismissed. Counsel for the Appellants will no doubt advise them as to what other remedy may be open to them. Appeals dismissed. 83 1973 April 9 GEORGHIOS LAZAROU AND OTHERS v. THE POLICE