Section 27: Right of appellant to be present
(1) On the hearing of an appeal in a criminal cause or matter, an appellant, notwithstanding that he is in custody, shall be entitled to be present, if he so desires, except where the appeal is on some ground involving a question of law alone, but in that ease, and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, he shall not be entitled to be present, unless where rules of court provide that he shall have the right to be present or where the Court of Appeal gives him leave to be present.
(2) The power of the Court of Appeal to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present.
(3) The right of an appellant who is in custody to be present at the hearing of his appeal shall be subject to his paying all expenses of and incidental to his transfer to and from the place where the Court of Appeal sits for the determination of his appeal:
Provided that the Court of Appeal may direct that he be brought before the Court of Appeal in any case where, in the opinion of the Court of Appeal, his presence is advisable for the due determination of the appeal, in which event such expenses as aforesaid shall be defrayed out of general revenue.
(4) An appellant who does not appear at the hearing of his appeal or application for leave to appeal by counsel, may present his appeal or argument in writing and any appeal or argument so presented shall be considered by the Court of Appeal.
Cite this section
Section 27, COURT OF APPEAL ACT (1976).
https://repo.podus.ai/laws/court-of-appeal-act/section/27/