23.—(1) Subject to paragraph (2), where on an appeal under section 74(8) of the Act the Court of Appeal determine to allow the appeal, they may—
(a)in a case where the Crown Court has substituted a sentence under section 74(5) or (6) of the Act vary that substituted sentence; or
(b)in a case where the Crown Court has not so substituted a sentence, vary the sentence to which the referral under section 74(3) of the Act relates.
(2) Subject to paragraph (3), the Court of Appeal must not exercise their powers under paragraph (1) so that the sentence imposed on the offender exceeds the sentence that the Crown Court would have passed but for the agreement to give assistance.
(3) If the offender falls within section 74(2)(c) of the Act and the Crown Court does not substitute a sentence under section 74(6), the Court of Appeal must not so exercise their powers under paragraph (1) that the offender is dealt with more severely than he was originally dealt with for the offence, the sentence for which the referral under section 74(3) of the Act relates.
24.—(1) An offender or specified prosecutor who wishes to obtain the leave of the Court of Appeal to appeal to that Court shall give notice in writing of the application for leave to appeal.
(2) Notice of application for leave to appeal shall be given within 28 days from the date of the decision of the Crown Court under section 74 of the Act.
(3) The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
(4) The Master shall furnish the necessary forms and instructions in relation to notices of application under this Order, to any person who demands them, and to officers of the courts, governors of prisons and such other persons as he thinks fit.
(5) Governors of prisons shall—
(a)cause forms and instructions in relation to notices of application under this Order to be placed at the disposal of prisoners desiring to appeal or to make any application under this Order; and
(b)cause any such notice given by a prisoner in custody to be forwarded on behalf of the prisoner to the Master.
25.—(1) The Court of Appeal may, if they think fit—
(a)grant the offender bail, subject to any conditions, if any, as they think fit, pending the determination of his appeal;
(b)revoke bail granted under sub-paragraph (a); or
(c)vary the conditions of bail granted under sub-paragraph (a).
(2) The powers conferred by paragraph (1) may be exercised—
(a)on the application of the offender; or
(b)if it appears to the Master that any of them ought to be exercised, on a reference by him to the Court of Appeal.
26. The Master shall—
(a)take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him; and
(b)obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
27.—(1) Except as provided by this article, an offender shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.
(2) An offender in custody shall not be entitled to be present—
(a)where the appeal is on some ground involving a question of law alone;
(b)on an application by him or the specified prosecutor for leave to appeal;
(c)on any proceedings preliminary or incidental to an appeal; or
(d)on an application to the Court of Appeal under article 31(3);
unless the Court of Appeal give him leave to be present.
(3) The powers of the Court of Appeal to vary the offender’s sentence may be exercised although he is for any reason not present.
28.—(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.
29. The Court of Appeal may, in relation to their proceedings, exercise any other powers which may for the time being be exercised by the Court of Appeal on appeals in civil matters, and may issue any warrants necessary for enforcing the orders or sentences of the Court of Appeal.
30.—(1) The time during which an offender is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of the sentence to which he is for the time being subject.
(2) Where the Court of Appeal give a contrary direction under paragraph (1) they—
(a)shall state their reasons for doing so; and
(b)shall not give any such direction where leave to appeal has been granted.
(3) When the offender is granted bail under article 25, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject.
31.—(1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
(a)the powers of the Court of Appeal under this Part specified in paragraph (2); and
(b)the power to give leave under section 74(8) of the Act.
(2) The powers referred to in sub-paragraph (1)(a) are—
(a)to extend time within which notice of application for leave to appeal may be given;
(b)to allow the offender to be present at the proceedings;
(c)to order a witness to attend for examination;
(d)to exercise the powers conferred by article 25 (bail);
(e)to make orders under article 28(1)(a) (production of documents etc.);
(f)to give directions under article 30(1) (effect of appeal on sentence); and
(g)to grant legal aid.
(3) If the offender or the specified prosecutor is aggrieved by the decision of the single judge under this article, the offender or specified prosecutor shall be entitled to have the application determined by the Court of Appeal.
32.—(1) The Court of Appeal may assign to the offender (whether he is appellant or respondent in the appeal) a solicitor and counsel, or counsel only, in the case of an appeal, or proceedings preliminary or incidental to an appeal, at any time when it appears to the Court of Appeal—
(a)that it is desirable in the interests of justice that the offender should have legal aid; and
(b)that he does not have sufficient means to enable him to obtain that aid.
(2) If on a question of granting an offender free legal aid under this article there is doubt as to the matters in paragraph (1)(a) or (b) the doubt shall be resolved in favour of granting him free legal aid.
(3) The Master shall report to the Court of Appeal or a judge of that Court any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to the offender under the powers conferred on the Court of Appeal under this article.
33.—(1) The following expenses shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Secretary of State—
(a)the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal; and
(b)the expenses of the appearance of the offender on the hearing of the appeal, or in proceedings preliminary or incidental to it.
(2) The expenses of any solicitor or counsel assigned to the offender under article 32 shall be defrayed, up to the amount allowed by the Master (Taxing Office), by the Lord Chancellor.
(3) Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under paragraph (2), he may apply to that Master to review his decision.
(4) On a review under paragraph (3) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.
(5) Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.
(6) Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under paragraph (3), he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.
(7) On any appeal under paragraph (5) or (6) the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.
(8) The power of the Master (Taxing Office) or the High Court to vary the amount of the expenses allowed under paragraph (2) includes power to increase or reduce the amount to such extent as the Master (Taxing Office) or, as the case may be, the High Court thinks fit.
(9) The reference in paragraph (2) to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been varied in accordance with paragraph (8), be construed as a reference to that amount as so varied.
(10) Where in any proceedings on an appeal or preliminary or incidental to such an appeal an interpreter is required because of the offender’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by the Court of Appeal.