Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
(_a_) order the production of any document, exhibit, or other thing
connected with the proceedings, the production of which
appears to them necessary for the determination of the case,
and
(_b_) if they think fit order any witnesses who would have been
compellable witnesses at the trial to attend and be examined
before the court, whether they were or were not called at
the trial, or order the examination of any such witnesses
to be conducted in manner provided by rules of court before
any judge of the court or before any officer of the court or
justice of the peace or other person appointed by the court
for the purpose, and allow the admission of any depositions
so taken as evidence before the court, and
(_c_) if they think fit receive the evidence, if tendered, of
any witness (including the appellant) who is a competent
but not compellable witness, and, if the appellant makes an
application for the purpose, of the husband or wife of the
appellant, in cases where the evidence of the husband or wife
could not have been given at the trial except on such an
application, and
(_d_) where any question arising on the appeal involves prolonged
examination of documents or accounts, or any scientific or
local investigation, which cannot in the opinion of the
court conveniently be conducted before the court, order
the reference of the question in manner provided by rules
of court for inquiry and report to a special commissioner
appointed by the court, and act upon the report of any such
commissioner so far as they think fit to adopt it, and
(_e_) appoint any person with special expert knowledge to act as
assessor to the court in any case where it appears to the
court that such special knowledge is required for the proper
determination of the case;
and exercise in relation to the proceedings of the court any other
powers which may for the time being be exercised by the Court of
Appeal on appeals in civil matters, and issue any warrants necessary
for enforcing the orders or sentences of the court: Provided that in
no case shall any sentence be increased by reason or in consideration
of any evidence that was not given at the trial.
=10.= The Court of Criminal Appeal may at any time assign to an
appellant a solicitor and counsel or counsel only in any appeal or
proceedings preliminary or incidental to an appeal in which, in
the opinion of the court, it appears desirable in the interests of
justice that the appellant should have legal aid, and that he has not
sufficient means to enable him to obtain that aid.
Public-domain text, read in full here on John Shaqi.
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