For section 27 (presence of appellant at hearing) substitute—

“27Right of appellant to be present

(1)

An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal.

(2)

Subsection (1) does not apply to an appellant in custody—

(a)

where his appeal is on a ground involving only a question of law,

(b)

on an application by him for leave to appeal, or

(c)

on any proceedings preliminary or incidental to an appeal,

unless the Appeal Court give him leave to be present.”