# Courts-Martial (Appeals) Act 1968, Section 28: Evidence.

Extent: E+W+S+N.I.

(1) For 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;
(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
(c) receive any evidence which was not adduced in the proceedings from which the appeal lies.
(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.
(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 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 evidence of a witness (including the appellant) who is competent but not compellable . . .
(4) 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 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.
(5) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.

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Source: https://www.legislation.gov.uk/ukpga/1968/20/section/28 (the official version)
Page: https://openlegislation.uk/courts-martial-appeals-act-1968/section-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.