Section 395 — Crimes Act 1961: Right of appellant to be represented, and restriction on attendance

395 Right of appellant to be represented, and restriction on attendance (1) At the hearing of an appeal, or an application for leave to appeal, or on any proceedings preliminary or incidental to an appeal or application, the appellant may be represented by counsel. (1A) If an appellant is in custody, he or she is not entitled to be present at a hearing involving oral submissions unless— (a) the rules of Court provide that he or she has the right to be present; or (b) the Court of Appeal gives leave for him or her 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) Subsections (1A) and (2) do not apply to— (a) an appeal to the Supreme Court; or (b) an application for leave to appeal to the Supreme Court. Compare: 1945 No 23 s 11 The heading to section 395 was amended, as from 10 December 2001, by section 9(1) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) by adding the words “ , and restriction on attendance ” . See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. Subsection (1) was substituted, and subsection (1A) was inserted, as from 10 December 2001, by section 9(2) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) by adding the words “ and restriction on attendance ” . See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. Subsection (3) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Section 395(3): amended, on 26 June 2008, by section 14 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).