The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006

Evidence

9.—(1) For the purposes of an appeal the Court of Appeal may, if they think 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 them necessary for the determination of the case;

(b) order any witness who would have been a compellable witness in the proceedings under section 74 of the Act to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and

(c) receive any evidence which was not adduced in the proceedings under section 74 of the Act.

(2) The Court of Appeal shall, in considering whether to receive 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 under section 74 of the Act 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.

(3) Sub-paragraph (1)(c) applies to any evidence of a witness (including the offender) who is competent but not compellable.