Regulation 10 EvidenceI1

United Kingdom

(1)

This regulation applies in relation to an appeal or an application for leave to appeal.

(2)

In this regulation “respondent” includes a person who will be a respondent if leave to appeal is granted.

(3)

The Appeal Court may—

(a)

order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to the Appeal Court necessary for the determination of the case;

(b)

order any witness to attend for examination and be examined before the Appeal Court (whether or not the witness was called in the proceedings from which the appeal lies);

(c)

receive any evidence which was not adduced in the proceedings from which the appeal lies.

(4)

The power conferred by paragraph (3)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that paragraph to—

(a)

the Appeal Court;

(b)

the appellant;

(c)

the respondent.

(5)

The Appeal Court, in considering whether to receive any evidence, must have regard in particular to—

(a)

whether the evidence appears to the Appeal Court to be capable of belief;

(b)

whether it appears to the Appeal Court that the evidence may afford any ground for allowing the appeal.

(6)

Paragraph (3)(c) applies to any evidence of a witness (including the offender) who is competent but not compellable.

(7)

For the purposes of an appeal or an application for leave to appeal, the Appeal Court may order the examination of any witness whose attendance may be required under paragraph (3)(b) to be conducted in accordance with the Rules before—

(a)

any judge of the Appeal Court, or

(b)

any other person appointed by the Appeal Court for that purpose,

and allow the admission of any depositions so taken as evidence before the Appeal Court.

Annotations

Commencement

I1: Reg. 10 comes into force in accordance with reg. 1(2)