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s 37N

Evidence on appeal

In force
Part 2ACourt of Appeal

37N Evidence on appeal

(1)

The Court of Appeal must have regard to the evidence given in the proceeding out of which the appeal arose.

(2)

The Court of Appeal may draw inferences of fact from that evidence.

(3)

The Court of Appeal may receive further evidence in any of the following ways:

(a)

by oral examination before the court or a judge;

(b)

on affidavit;

(c)

by audiovisual link or audio link;

(d)

any other way the court may receive evidence.

(4)

In this section:

audio link––see the Evidence (Miscellaneous Provisions) Act 1991, section 16 (Definitions—ch 3).

audiovisual link––see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

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