Subpoenas in criminal appeals should generally not be issued until the Court has granted leave to adduce further evidence under r 108 of the Criminal Practice Rules 1999. The requirement in r 108(2) for an affidavit of the proposed witness is merely permissive; an application to adduce evidence on appeal may be supported by an affidavit of the appellant or other relevant person explaining the nature of the evidence. The Registrar has discretion to issue subpoenas or refer the application to the Court for direction.
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