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The Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005

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Defendants in custody

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6.—(1) A defendant in custody is not entitled to be present in person at the hearing of an appeal or application for leave to appeal, unless the Court so directs.

(2) Subject to rule 7(6), a defendant in custody will be entitled to participate in such a hearing, without a direction of the Court, by live television link.

(3) In directing whether a defendant in custody shall be present in person under paragraph (1) the Court shall take into account –

(a)any representations made to it by the prosecution and the defendant;

(b)the availability and reliability of live television link facilities;

(c)any practical difficulties with the physical attendance of the defendant; and

(d)whether or not the appeal is expedited under Article 18 of the 2004 Order.

(4) In this rule, “live television link” means an arrangement whereby the defendant, while absent from the courtroom, is able to see and hear the Court and to be seen and heard by it.

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