Criminal Appeals Act 2004

The acquitted accused is entitled to be heard at the hearing of a leave application.

For the purpose of dealing with a leave application —

the Court of Appeal may exercise any power in section 40 as if the application were an appeal; and

if the acquitted accused is in custody, section 43 applies, with any necessary changes, as if the application were an appeal.

The Court of Appeal may deal with 2 or more leave applications at one hearing if the new charges for which leave is sought will or may be tried together.

If the Court of Appeal is satisfied the acquitted accused has received adequate notice of the hearing, the court may hear a leave application in the absence of the acquitted accused.