Modifications etc. (not altering text)
C1Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))
(1)Except as provided by this section, an appellant shall be entitled to be present, if he desires 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 the appeal is on some ground involving a question of law alone; or
(b)on any proceedings preliminary or incidental to an appeal;
unless rules of court provide that he is to be so entitled or the Court of Appeal gives him leave to be present; nor shall he be so entitled where he is in custody in consequence of a finding of not guilty on the ground of insanity [F1or of a finding of unfitness to be tried].
(3)The power of the Court to pass sentence may be exercised notwithstanding that the appellant is for any reason not present.
Textual Amendments
F1Words added by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
(1)For the purposes of this Part of this Act, the Court of Appeal may, if it thinks 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 the Court necessary for the determination of the case;
(b)order any witness who would have been a compellable witness at the trial to attend and be examined before the Court, whether or not he was called at the trial; 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 under that subsection the Court shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power of receiving it if—
(a)it appears to the Court that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and
(b)the Court is satisfied that it was not adduced at the trial but there is a reasonable explanation for the failure to adduce it.
(3)Subsection (1)(c) above applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application.
Valid from 31/03/1997
(1)On an appeal against conviction the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
(a)the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case is determined;
(b)an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and
(c)the matter cannot be resolved by the Court without an investigation by the Commission.
(2)A direction by the Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
(3)Copies of such a direction shall be made available to the appellant and the respondent.
(4)Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—
(a)shall notify the appellant and the respondent that the Commission have reported; and
(b)may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.]
Textual Amendments
F2S. 25A inserted (31.3.1997) by 1995 c. 35, s. 5(2); S.I. 1997/402, art. 3(a)
(1)For the purposes of this Part of this Act, the Court of Appeal may exercise any of the following powers, where it thinks it necessary or expedient in the interests of justice:—
(a)in the case of any witness whose attendances might be required under section 25(1)(b) above, the Court may order his examination to be conducted in the prescribed manner before a judge of the Court or before any other person appointed by the Court for the purpose, and allow the admission of any deposition so taken as evidence before the Court;
(b)where a question arising on an appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court conveniently be conducted before it, the Court may order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by the Court, and act upon the report of the commissioner so far as the Court thinks fit to adopt it;
(c)the Court may appoint a person with special expert knowledge to act as assessor to the Court in a case where it appears to the Court that such knowledge is required for the proper determination of the case.
(2)The Court may, in relation to its proceedings, exercise any other powers which may for the time being be exercised by the Court on appeals in civil matters, and may issue any warrants necessary for enforcing the orders or sentences of the Court.