C1Part II Summary Procedure

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 282–457) extended with modifications by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 60(5)

Conviction and Sentence

Review

452F1 Hearing of appeal.

1

A stated case under this Part of this Act shall be heard by the High Court on such date as it may fix.

2

For the avoidance of doubt, where an appellant, in his application under section 444(1) of this Act (or in a duly made amendment or addition to that application), refers to an alleged miscarriage of justice, but in stating a case under section 448(2D) of this Act the inferior court is unable to take the allegation into account, the High Court may nevertheless have regard to the allegation at a hearing under subsection (1) above.

3

Except by leave of the High Court on cause shown, it shall not be competent for an appellant to found any aspect of his appeal on a matter not contained in his application under section 444(1) of this Act (or in a duly made amendment or addition to that application).

4

Without prejudice to any existing power of the High Court, that court may in hearing a stated case—

C2C3C4a

order the production of any document or other thing connected with the proceedings;

C2C3C4b

hear any additional evidence relevant to any alleged miscarriage of justice or order such evidence to be heard by a judge of the High Court or by such other person as it may appoint for that purpose;

C2C3C4c

take account of any circumstances relevant to the case which were not before the trial judge;

C2C3C4d

remit to any fit person to enquire and report in regard to any matter or circumstance affecting the appeal;

C2C3C4e

appoint a person with expert knowledge to act as assessor to the High Court in any case where it appears to the court that such expert knowledge is required for the proper determination of the case;

f

take account of any matter proposed in any adjustment rejected by the trial judge and of the reasons for such rejection;

g

take account of any evidence contained in a note of evidence such as is mentioned in section 448(2D) of this Act.

5

The High Court may at the hearing remit the stated case back to the inferior court to be amended and returned.