JUDGMENT

This is an appeal by the Public Prosecutor. against the decision of the learned magistrate given on 26 May 1997 whereby the respondent who was changed for an offence under section 56(1)(d) of the Immigration Act 1959/63 was acquitted and discharged.

At the commencement of the hearing of the appeal the learned counsel for the respondent raised a preliminary objection. It was submitted that the respondent was not served with the notice of appeal, the petition of appeal and the notes of proceedings. It was further submitted that the appellant should serve the notice of appeal, petition of appeal containing the grounds of appeal and the notes of evidence on the respondent or his counsel before the appeal can be set down for hearing. In this case it is definitely against natural justice that the respondent was not given the legal right to know the [2] grounds of appeal. The respondent was not given the opportunity to prepare his case and is deprived of his legal right to contest the appeal. So it was submitted that the appeal should be dismissed.

The learned Deputy Public Prosecutor ("the DPP") submitted that they have complied with section 307 of the Criminal Procedure Code ("the