Section 11Part 3 — Appellate Criminal Jurisdiction
Right of appellant to be present and to state the appellant's case in writing
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Every appellant, notwithstanding that that person is in custody, shall be entitled to be present if that person so desires at the hearing of that person's appeal, but, on an application for leave to appeal or on any proceedings preliminary or incidental to an appeal the appellant shall not be entitled to be present unless rules of court provide to the contrary:
Provided that the Court may, in any proceedings had before the Court, grant leave for, or order the appellant to be present at, the hearing.
Every appellant permitted to be present during the hearing of that person's appeal, in a case in which that person has not been released on bail, shall be deemed to be in lawful custody when being brought to or from the place at which that person is entitled to be present for that purpose.
The power of the Court to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present.