Part I Appeal to Court of Appeal in Criminal Cases

The hearing

22 Right of appellant to be present.

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.