Part IE+W Appeal to Court of Appeal in Criminal Cases

The hearingE+W

23 Evidence.E+W

(1)For [F1the purposes of an appeal under] this Part of this Act 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 from which the appeal lies to attend for examination and be examined before the Court, whether or not he was called in those proceedings; and

[F2(c)receive any evidence which was not adduced in the proceedings from which the appeal lies.]

[F3(2)The Court of Appeal shall, in considering whether to receive any 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 from which the appeal lies 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)Subsection (1)(c) above applies to any [F4evidence of a] witness (including the appellant) who is competent but not compellable F5. . ..

(4)For [F1the purposes of an appeal under] this Part of this Act, the Court of Appeal may, if they think it necessary or expedient in the interests of justice, order the examination of any witness whose attendance might be required under subsection (1)(b) above to be conducted, in manner provided by rules of court, before any judge or officer of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court.

[F6(5)A live link direction under section 22(4) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.]