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Section 41: How Additional Evidence Works in Criminal Appeals

41.Additional evidence

(1)In dealing with an appeal from a lower court, the appellate court, if it thinks additional evidence is necessary, may record its reasons and may take that evidence itself or may direct it to be taken by the lower court.

(2)When the additional evidence is taken by a lower court, that court shall certify the evidence to the appellate court which issued the direction which shall then proceed to dispose of the appeal.

(3)Unless the appellate court otherwise directs, the accused person or his or her advocate shall be present when the additional evidence is taken.

(4)Evidence taken under this section shall be taken as if it were evidence at a trial before the lower court.

(5)In dealing with an appeal from a lower court, the appellate court may, if it thinks fit, call for and receive from the lower court a report on any matter connected with the appeal.

Plain English Summary

When you appeal a criminal case, the higher court may decide that new or extra evidence is needed to make a fair decision. If so, the court must write...

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