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| | | Persons with whom the Secretary of State has made arrangements under |
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| | section 118 of the Criminal Justice and Public Order Act 1994 (c. 33).’. |
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| To move the following Schedule:— |
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| | ‘Appeals in criminal cases |
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| | Amendments to the Criminal Appeal Act 1968 |
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| | 1 | The Criminal Appeal Act 1968 (c. 19) has effect subject to the following |
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| | Time limit on grant of certificates of fitness for appeal |
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| | 2 | In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “, |
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| | within 28 days from the date of the conviction,”. |
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| | 3 | In section 11 (supplementary provisions as to appeal against sentence), in |
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| | (a) | after “if” insert “, within 28 days from the date on which the sentence |
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| | (b) | for “the sentence” substitute “it”. |
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| | 4 | In section 12 (appeal against verdict of not guilty on ground of insanity), in |
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| | subsection (1)(b) after “if” insert “, within 28 days from the date of the |
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| | 5 | In section 15 (appeal against finding of disability), in subsection (2)(b) after |
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| | “if” insert “, within 28 days from the date of the finding that the accused did |
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| | the act or made the omission charged,”. |
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| | Powers of Court to substitute different sentence |
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| | 6 (1) | Section 4 (sentence when appeal allowed on part of indictment) is amended as |
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| | (2) | For the heading substitute “Power to re-sentence where appellant remains |
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| | convicted of related offences”. |
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| | (3) | For subsection (1) substitute— |
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| | “(1) | This section applies where— |
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| | (a) | two or more related sentences are passed, |
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| | (b) | the Court of Appeal allow an appeal against conviction in |
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| | respect of one or more of the offences for which the sentences |
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| | were passed (“the related offences”), but |
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| | (c) | the appellant remains convicted of one or more of those |
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| | (a) | for “in respect of any count on which the appellant remains convicted” |
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| | substitute “in respect of any related offence of which the appellant |
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| | (b) | omit “for the offence of which he remains convicted on that count”. |
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| | (a) | for “on the indictment as a whole” substitute “for all the related |
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| | offences (taken as a whole)”, and |
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| | (b) | for “for all offences of which he was convicted on the indictment” |
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| | substitute “for all the related offences”. |
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| | (6) | After subsection (3) insert— |
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| | “(4) | For the purposes of subsection (1)(a), two or more sentences are |
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| | (a) | they are passed on the same day, |
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| | (b) | they are passed on different days but the court in passing any |
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| | one of them states that it is treating that one together with the |
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| | other or others as substantially one sentence, or |
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| | (c) | they are passed on different days but in respect of counts on |
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| | (a) | two or more sentences are related to each other by virtue of |
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| | subsection (4)(a) or (b), and |
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| | (b) | any one or more of those sentences is related to one or more |
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| | other sentences by virtue of subsection (4)(c), |
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| | | all the sentences are to be treated as related for the purposes of |
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| | 7 | The following provisions (which relate to the effect of interim hospital orders |
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| | made by the Court of Appeal) are omitted— |
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| | (a) | section 6(5) and the definition of interim hospital order in section 6(7), |
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| | (c) | section 14(5) and the definition of interim hospital order in section |
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| | 8 | After section 30B (as inserted by section 26(5)) insert— |
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| | “30C | Effect of interim hospital orders |
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| | (1) | This section applies where the Court of Appeal— |
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| | (a) | make an interim hospital order by virtue of any provision of |
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| | (b) | renew an interim hospital order so made. |
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| | (2) | The court below shall be treated for the purposes of section 38(7) of |
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| | the Mental Health Act 1983 (absconding offenders) as the court that |
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| | 9 | In section 31 (powers of Court which are exercisable by single judge) after |
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| | “(2ZA) | The power of the Court of Appeal to renew an interim hospital order |
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| | made by them by virtue of any provision of this Part may be exercised |
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| | by a single judge in the same manner as it may be exercised by the |
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| | 10 (1) | Section 23 (evidence) is amended as follows. |
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| | (2) | In subsection (1) after “an appeal” insert “, or an application for leave to |
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| | (3) | In that subsection, for paragraph (b) substitute— |
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| | “(b) | order any witness to attend for examination and be examined |
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| | before the Court (whether or not he was called in the |
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| | proceedings from which the appeal lies); and”. |
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| | (4) | After subsection (1) insert— |
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| | “(1A) | The power conferred by subsection (1)(a) may be exercised so as to |
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| | require the production of any document, exhibit or other thing |
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| | mentioned in that subsection to— |
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| | (5) | In subsection (4) after “an appeal” insert “, or an application for leave to |
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| | (6) | After subsection (5) insert— |
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| | “(6) | In this section, “respondent” includes a person who will be a |
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| | respondent if leave to appeal is granted.” |
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| | 11 (1) | Section 31 (powers of Court of Appeal which are exercisable by single judge) |
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| | (2) | In the heading, omit “under Part 1”. |
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| | (3) | After subsection (2C) insert— |
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| | “(2D) | The power of the Court of Appeal to grant leave to appeal under |
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| | section 9(11) of the Criminal Justice Act 1987 may be exercised by a |
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| | single judge in the same manner as it may be exercised by the Court. |
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| | (2E) | The power of the Court of Appeal to grant leave to appeal under |
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| | section 35(1) of the Criminal Procedure and Investigations Act 1996 |
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| | may be exercised by a single judge in the same manner as it may be |
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| | Appeals against procedural directions |
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| | 12 | In section 31C (appeals against procedural directions), omit subsections (1) |
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| | Detention of defendant pending appeal to Supreme Court |
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| | 13 (1) | Section 37 (detention of defendant on appeal by Crown) is amended as |
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| | (2) | In subsection (2) for the words from “may make” to the end substitute “shall |
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| | (a) | an order providing for his detention, or directing that he shall |
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| | not be released except on bail (which may be granted by the |
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| | Court as under section 36 above), so long as the appeal is |
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| | (b) | an order that he be released without bail.” |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | The Court may make an order under subsection (2)(b) only if they |
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| | think that it is in the interests of justice that the defendant should not |
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| | be liable to be detained as a result of the decision of the Supreme Court |
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| | (4) | In subsection (3) for “this section” substitute “subsection (2)(a)”. |
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| | (5) | In subsection (4) for “this section” (in each place where it occurs) substitute |
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| | (6) | In subsection (4A) for “this section” (in the first place where it occurs) |
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| | substitute “subsection (2)(a)”. |
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| | (7) | For subsection (5) substitute— |
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| | “(5) | The defendant shall not be liable to be detained again as a result of the |
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| | decision of the Supreme Court on the appeal if— |
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| | (a) | the Court of Appeal have made an order under subsection |
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| | (b) | the Court have made an order under subsection (2)(a) but the |
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| | order has ceased to have effect by virtue of subsection (3) or |
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| | the defendant has been released or discharged by virtue of |
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| | Amendments to the Criminal Appeal (Northern Ireland) Act 1980 |
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| | 14 | The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to |
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| | the following amendments. |
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| | Time limit on grant of certificates of fitness for appeal |
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| | 15 | In section 1 (appeal against conviction), in paragraph (b) after “if” insert “, |
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| | within 28 days from the date of the conviction,”. |
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| | 16 | In section 12 (appeal against finding of not guilty on ground of insanity), in |
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| | subsection (1)(b) after “if” insert “, within 28 days from the date of the |
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| | 17 | In section 13A (appeal against finding of unfitness to be tried), in subsection |
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| | (2)(b) after “if” insert “, within 28 days from the date of the finding that the |
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| | person did the act or made the omission charged,”. |
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| | Powers of Court to substitute different sentence |
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| | 18 (1) | Section 4 (alteration of sentence on appeal against conviction) is amended as |
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| | (2) | For subsection (1) substitute— |
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| | “(1) | Subsection (1A) applies where— |
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| | (a) | two or more related sentences are passed, |
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| | (b) | the Court of Appeal allows an appeal against conviction in |
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| | respect of one or more of the offences for which the sentences |
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| | were passed (“the related offences”), but |
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| | (c) | the appellant remains convicted of one or more of those |
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| | |
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| | (1A) | The Court may, in respect of any related offence of which the |
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| | appellant remains convicted, pass such sentence, in substitution for the |
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| | sentence passed thereon at the trial, as it thinks proper and is |
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| | (3) | After subsection (2) insert— |
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| | “(3) | For the purposes of subsection (1)(a), two or more sentences are |
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| | (a) | they are passed on the same day, |
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| | (b) | they are passed on different days but the court in passing any |
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| | one of them states that it is treating that one together with the |
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| | other or others as substantially one sentence, or |
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| | (c) | they are passed on different days but in respect of counts on |
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| | |
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| | (a) | two or more sentences are related to each other by virtue of |
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| | subsection (3)(a) or (b), and |
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| | (b) | any one or more of those sentences is related to one or more |
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| | other sentences by virtue of subsection (3)(c), |
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| | | all the sentences are to be treated as related for the purposes of |
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| | 19 | Section 10(6) (effect of interim hospital orders made by Court of Appeal) is |
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| | 20 | After section 29A (as inserted by section (Meaning of unsafe: Northern |
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| | “29B | Effect of interim hospital orders |
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| | (1) | This section applies where the Court of Appeal— |
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| | (a) | makes an interim hospital order by virtue of any provision of |
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| | (b) | renews an interim hospital order so made. |
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| | (2) | The Crown Court shall be treated for the purposes of Article 45(6) of |
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| | the Mental Health Order (absconding offenders) as the court that made |
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| | 21 | In section 45 (powers of Court which are exercisable by single judge) after |
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| | “(3ZA) | The power of the Court of Appeal to renew an interim hospital order |
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| | made by it by virtue of any provision of this Act may be exercised by |
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| | a single judge in the same manner as it may be exercised by the Court.” |
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| | 22 (1) | Section 25 (evidence) is amended as follows. |
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| | (2) | In subsection (1) after “an appeal” insert “, or an application for leave to |
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| | (3) | In that subsection, for paragraph (b) substitute— |
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| | “(b) | order any witness to attend and be examined before the Court |
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| | (whether or not he was called at the trial); and”. |
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| | (4) | After subsection (1) insert— |
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