C1Part I Appeal to Court of Appeal from Crown Court
The hearing
25 Evidence.
1
For the purposes of F1an appeal under 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
F2c
receive any evidence which was not adduced at the trial.
F32
The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—
a
whether the evidence appears to the Court to be capable of belief;
b
whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
c
whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
d
whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.
Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))