Part I.
The hearing
Right of appellant to be present. 22.—(1) Except as provided by this section, an appellant shall be entitled to be present, if he wishes it, on the hearing of his appeal, although he may be in custody.
(2) A person in custody shall not be entitled to be present—
- (a) where his appeal is on some ground involving a question of law alone; or
- (b) on an application by him for leave to appeal; or
- (c) on any proceedings preliminary or incidental to an appeal; or
- (d) where he is in custody in consequence of a verdict of not guilty by reason of insanity or of a finding of disability,
unless the Court of Appeal give him leave to be present.
(3) The power of the Court of Appeal to pass sentence on a person may be exercised although he is for any reason not present.
Evidence. 23.—(1) For purposes of this Part of this Act the Court of Appeal may, if they think it necessary or expedient in the interests of justice—
- (a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the case;
- (b) order any witness who would have been a compellable witness in the proceedings from which the appeal lies to attend for examination and be examined before the Court, whether or not be was called in those proceedings; and
- (c) subject to subsection (3) below, receive the evidence, if tendered, of any witness.
(2) Without prejudice to subsection (1) above, where evidence is tendered to the Court of Appeal thereunder the Court shall, unless they are satisfied that the evidence, if received, would not afford any ground for allowing the appeal, exercise their power of receiving it if—
- (a) it appears to them that the evidence is likely to be credible and would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
- (b) they are satisfied that it was not adduced in those proceedings but there is a reasonable explanation for the failure to adduce it.
