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Removal and transfer of proceedings

Cap. 167, s. 18 · Revised Edition 2020

(1) If, in a case where proceedings are instituted against the Crown in a district court, an application in that behalf is made by the Crown to the Supreme Court, and there is produced to the court a certificate of the Attorney General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court. Crown Proceedings Act 21 (2) Where any proceedings have been removed into the Supreme Court on the production of such a certificate as aforesaid, and it appears to the court by whom the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the court may take account of the additional expense so occasioned in exercising its powers in regard to the award of costs. (3) Without prejudice to the rights of the Crown under sub- sections (1) and (2), all rules of law and enactments relating to the removal or transfer of proceedings from a district court to the Supreme Court, or the transfer of proceedings from the Supreme Court to a district court, shall apply in relation to provided that, (a) an order for the transfer to a district court of any proceedings against the Crown in the Supreme Court shall not be made without the consent of the Crown; and (b) the duty of a judge to make an order under section 30 of the District Courts (Procedure) Act, for the transfer to the Supreme Court of proceedings commenced against the Crown in a district court shall not be conditional upon the giving of security by the Crown. CAP. 97.
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