38 Presence of defendant at hearing.U.K.
A defendant who [F1has been convicted of an offence and] is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where [F2Supreme Court Rules] or rules of court, as the case may be, authorise him to be present or where [F3the Supreme Court] or the Court of Appeal, as the case may be, gives him leave to be present.
Textual Amendments
F1Words inserted by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(4)
F2Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(a); S.I. 2009/1604, art. 2(d)
F3Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(b); S.I. 2009/1604, art. 2(d)