Section 28 Evidence.

United Kingdom

(1)

F1For the purposes of an appeal or an application for leave to appeal, 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 them necessary for the determination of the case;

F2(b)

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

F3(c)

receive any evidence which was not adduced F4in the proceedings from which the appeal lies.

F5(1A)

The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a)

the Appeal Court;

(b)

the appellant;

(c)

the respondent.

F6(2)

The Appeal Court 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 F7in 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 F8in those proceedings.

(3)

Subsection (1)(c) above applies to any F9evidence of a witness (including the appellant) who is competent but not compellable F10. . .

(4)

F11For 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 subsection (1)(b) of this section to be conducted in the prescribed manner before any judge of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court.

F12(5)

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

Annotations

Textual amendments

F1: Words in s. 28(1) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(2); S.I. 2009/1028, art. 2(a)
F2: S. 28(1)(b) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(3); S.I. 2009/1028, art. 2(a)
F3: S. 28(1)(c) substituted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(a); S.I. 1995/3061, art. 3 (with art. 4)
F4: Words in s. 28(1)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5: S. 28(1A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(4); S.I. 2009/1028, art. 2(a)
F6: S. 28(2) substituted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(b); S.I. 1995/3061, art. 3 (with art. 4)
F7: Words in s. 28(2)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(b)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F8: Words in s. 28(2)(d) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(b)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F9: Words in s. 28(3) inserted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(c); S.I. 1995/3061, art. 3 (with art. 4)
F10: Words in s. 28(3) repealed (1.1.1996 subject to savings) by 1995 c. 35, s. 29(2), SCh. 3; S.I. 1995/3061, art. 3 (with art. 4)
F11: Words in s. 28(4) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(5); S.I. 2009/1028, art. 2(a)
F12: S. 28(5) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(6); S.I. 2009/1028, art. 2(a)

Notes on Part II

Textual amendments

F1: Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4