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s 224A

Right of appellant to be present

In force
Part 9Appeals from the decisions of justices
Division 1Appeal to a District Court judge

224A Right of appellant to be present

(1)

An appellant is entitled to be present on the hearing of the appellant’s appeal, unless it is on a ground involving a question of law alone.

(2)

Subsection (1) applies even if the appellant is in custody.

(3)

On an appeal, or application for leave to appeal, on a ground involving a question of law alone, and on any proceeding preliminary or incidental to an appeal, the appellant is entitled to be present only with the leave of the District Court.

(4)

The power of the District Court to pass any sentence may be exercised even though the appellant is not present.

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