Presence of offender at hearings6
1
Except as provided by paragraphs (2) and (3), a person whose sentencing is the subject of a reference to the Courts-Martial Appeal Court shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
2
A person in custody shall not be entitled to be present—
a
on an application by the Attorney General for leave to refer a case; or
b
on any proceedings preliminary or incidental to a reference,
unless the Courts-Martial Appeal Court gives him leave to be present.
3
The power of the Courts-Martial Appeal Court to pass sentence on a person may be exercised although he is not present.
4
A person whose sentencing is the subject of a reference to the House of Lords and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any preliminary or incidental proceedings except where an order of the House authorises him to be present, or where the House or the Courts-Martial Appeal Court, as the case may be, gives him leave to be present.