The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

Amendment to the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

8.  For article 7 (Evidence) substitute—

“Evidence

7.— (1) For the purpose of an appeal or an application for leave to appeal under Part 2 of the Act, the Court of Appeal may, if they think it necessary or expedient in the interests of justice—

(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 of Appeal (whether or not the witness 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.

(2) The power conferred by paragraph (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that paragraph to—

(a) the Court;

(b) the appellant;

(c) the respondent;

(d) a party to the appeal.

(3) The Court of Appeal 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 of the failure to adduce the evidence in those proceedings.

(4) Paragraph (1)(c) applies to any evidence of a witness (including the appellant) who is competent but not compellable.

(5) For the purposes of an appeal or application for leave to appeal under Part 2 of the Act, the Court of Appeal may, if they think it necessary or expedient in the interests of justice, order the examination of any witness whose attendance might be required under paragraph (1)(b) to be conducted, in manner provided by rules of court, before any judge or officer of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court.

(6) In paragraph (2)(c) “respondent” includes a person who will be a respondent if leave to appeal is granted.”.