Part IE+W Appeal to Court of Appeal in Criminal Cases

The hearingE+W

22 Right of appellant to be present.E+W

(1)Except as provided by this section, an appellant shall be entitled to be present, if he wishes it, on the hearing of his appeal, although he may be in custody.

(2)A person in custody shall not be entitled to be present—

(a)where his appeal is on some ground involving a question of law alone; or

(b)on an application by him for leave to appeal; or

(c)on any proceedings preliminary or incidental to an appeal; or

(d)where he is in custody in consequence of a verdict of not guilty by reason of insanity or of a finding of disability,

unless the Court of Appeal give him leave to be present.

(3)The power of the Court of Appeal to pass sentence on a person may be exercised although he is for any reason not present.

[F1(4)The Court of Appeal may give a live link direction in relation to a hearing at which the appellant is expected to be in custody but is entitled to be present (by virtue of subsection (1) or leave given under subsection (2)) at any time before the beginning of that hearing.

(5)For this purpose—

(a)a “live link direction” is a direction that the appellant (if he is being held in custody at the time of the hearing) is to attend the hearing through a live link from the place at which he is held; and

(b)live link” means an arrangement by which the appellant is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded).

(6)The Court of Appeal—

(a)must not give a live link direction unless the parties to the appeal have had the opportunity to make representations about the giving of such a direction; and

(b)may rescind a live link direction at any time before or during any hearing to which it applies (whether of its own motion or on the application of a party).]