Marginal note:Prisoner appeals
125. (1) The Clerk shall provide a sufficient number of copies of this Part to each warden of a correctional centre in the Northwest Territories and each warden shall keep the copies provided and furnish a copy of this Part to any inmate of the correctional centre who asks for one.
(2) Where notice of appeal is filed by an inmate of a correctional centre in the Northwest Territories personally, the Clerk shall immediately forward a copy of the notice to the director of the local legal aid programme and inquire as to whether counsel has been appointed on behalf of the appellant for the purpose of presenting an appeal.
(3) After the expiry of four months from the day the notice of appeal was filed by an inmate in a correctional centre, if no further steps have been taken to prepare the appeal for hearing, the Clerk shall write to the appellant, at the address given in the notice of appeal, directing the appellant to advise in writing, within a specified period, whether he or she wishes to pursue the appeal.
(4) Where the Clerk does not receive a response from an appellant under subrule (3) within the period specified or receives a response advising that the appellant does not wish to pursue the appeal, the appeal court may dismiss the appeal as an abandoned appeal.
(5) On the determination of a hearing date for an appeal filed by an inmate of a correctional centre personally, the Clerk shall send notice of the date in writing to the appellant at the address given in the notice of appeal.
126. The costs of all proceedings on a summary conviction appeal, whether for or against the Crown as appellant or respondent, are in the discretion of the appeal court.
CHANGE OF REPRESENTATION
Marginal note:Notice of change
127. A solicitor who assumes the representation of an accused who was previously either unrepresented or represented by another solicitor shall immediately file a notice to that effect with the Court and serve a copy of the notice on the prosecutor.
Marginal note:Removal of solicitor from record
128. (1) A solicitor of record for an accused shall act as and remain the solicitor for his or her client until an order removing the solicitor from the record has been made by a judge or a new solicitor has filed a notice pursuant to rule 127.
(2) An order removing a solicitor from the record may be made on the application of the solicitor on notice to his or her client and to the prosecutor.
(3) Notice on the client of an application under subrule (2) may be served by mail addressed to the client at his or her last known address.
(4) A copy of the order removing a solicitor from the record shall be served by the solicitor on the client by mail addressed to the client at his or her last known address.
(5) This rule applies whether the solicitor decides to cease acting on behalf of a client or the client terminates the solicitor’s retainer.
REGULATION OF CONDUCT IN THE COURT ROOM
Marginal note:Photographs, recording, broadcasting in court room
129. The taking of photographs in the court room during the progress of the judicial proceedings, the private recording of a proceeding by way of any recording or transmission device and the radio or television broadcasting of judicial proceedings from the court room is not permitted, except by authority of the Chief Justice.
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