Part I The Court of Appeal

4 Evidence.

1

In section 23 of the 1968 Act (evidence)—

a

in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—

c

receive any evidence which was not adduced in the proceedings from which the appeal lies.

b

for subsection (2) (duty to receive evidence in certain circumstances) substitute—

2

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.

c

in subsection (3), after “any” insert “ evidence of a ”.

2

In section 25 of the 1980 Act (evidence)—

a

in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—

c

receive any evidence which was not adduced at the trial.

b

for subsection (2) (duty to receive evidence in certain circumstances) substitute—

2

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 at the trial 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 at the trial.

c

in subsection (3), after “any” insert “ evidence of a ”.