Section 389 — Crimes Act 1961: Supplemental powers of appellate courts

389 Supplemental powers of appellate courts For the purposes of any appeal or application for leave to appeal against conviction or sentence the Court of Appeal or the Supreme Court may, if it thinks 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 the Court to be necessary for the determination of the case: (b) If it thinks fit, order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules of Court before any Judge of the Court or before any officer of the Court or District Court Judge or other person appointed by the Court of Appeal or the Supreme Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court: (c) If it thinks fit, receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness, and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application: (d) Where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court conveniently be conducted before the Court, order the reference of the question in manner provided by rules of Court for inquiry and report to a special commissioner appointed by the Court, and act upon the report of any such commissioner so far as the Court thinks fit to adopt it: (e) Appoint any person with special expert knowledge to act as assessor to the Court in any case where it appears to the Court that such special knowledge is required for the proper determination of the case— and exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Court of Appeal or the Supreme Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial. Compare: 1945 No 23 s 9 The heading to section 389 was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “ appellate courts ” for the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Section 389 was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” in each place where they occur. See sections 50 to 55 of that Act for the transitional and savings provisions. Paragraph (b) was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court Judge ” for the word “ Magistrate ” .