5.—(1) A person in custody shall be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under section 9(11) of the Act, to which he is a party.
(2) Except as provided by paragraph (1) above, a person in custody shall not be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under the said section 9(11), except—
(a)on an application to the Crown Court for leave to appeal, with the leave of the judge; or
(b)on an appeal, or an application to the Court of Appeal for leave to appeal, with the leave of the Court.
(3) An application for leave to be present under paragraph (2) above may be made—
(a)by serving notice in Form IA(3) on the registrar; or
(b)orally to the judge or the Court.