Section 38 Presence of defendant at hearing.

A defendant who F1has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where F2Supreme Court Rules or rules of court, as the case may be, authorise him to be present or where F3the Supreme Court or the Court of Appeal, as the case may be, gives him leave to be present.