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The Court Martial (Prosecution Appeals) Order 2009
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Accused in custody
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20.—(1) An accused in custody is not entitled to be present in person at the hearing of an appeal or application for leave to appeal, unless the Court Martial Appeal Court so directs.
(2) However, an accused in custody may participate in such a hearing, without a direction of the Court Martial Appeal Court, by way of live link.
(3) In directing whether an accused in custody shall be present in person under paragraph (1) the Court Martial Appeal Court must take into account—
(a)any representations of the Director and the accused;
(b)the availability and reliability of live link facilities;
(c)any practical difficulties with the physical attendance of the accused; and
(d)whether or not the appeal is expedited under article 5(1).
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