65.3.—(1) A person in custody shall be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under section 9(11) of the Criminal Justice Act 1987 or section 35(1) of the Criminal Procedure and Investigations Act 1996, to which he is a party.
(2) Except as provided by paragraph (1) above, a person in custody shall not be entitled to be present on the hearing of an appeal, or an application for leave to appeal, under section 9(11) of the 1987 Act or section 35(1) of the 1996 Act except—
(a)on an application to the Crown Court for leave to appeal, with the leave of the judge; or
(b)on an appeal, or an application to the Court of Appeal for leave to appeal, with the leave of that Court.
(3) An application for leave to be present under paragraph (2) shall be made—
(a)where paragraph (2)(a) applies, orally to the judge;
(b)where paragraph (2)(b) applies, by serving notice in the form set out in the Practice Direction on the Registrar, or orally to the Court.
[Note. Formerly rule 5 of the Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals) Rules 1988 and rule 5 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) (Interlocutory Appeals) Rules 1997.]