Criminal Justice and Immigration Act 2008

Valid from 31/10/2009

Evidence E+W

7 (1) Section 28 (evidence) is amended as follows. E+W

(2) In subsection (1), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.

(3) In that subsection, for paragraph (b) substitute—

“(b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and”.

(4) After subsection (1) insert—

“(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a) the Appeal Court;

(b) the appellant;

(c) the respondent.”

(5) In subsection (4), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.

(6) After subsection (4) insert—

“(5) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.”