# The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, Article 8: Right of offender to be present


(1) Except as provided by this article, an offender shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.
(2) An offender in custody shall not be entitled to be present—
(a) where the appeal is on some ground involving a question of law alone;
(b) on an application by him or the specified prosecutor for leave to appeal;
(c) on any proceedings preliminary or incidental to an appeal; or
(d) on an application to the Court of Appeal under article 11(3);
unless the Court of Appeal give him leave to be present.
(3) The powers of the Court of Appeal to vary the offender’s sentence may be exercised although he is for any reason not present.

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Source: https://www.legislation.gov.uk/uksi/2006/2135/article/8 (the official version)
Page: https://openlegislation.uk/serious-organised-crime-and-police-act-2005-appeals-under-section-74-order-2006/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.