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
”
.