s.16Supplemental powers of the Court
16
Section 16Part 4 — Supplementary Provisions

Supplemental powers of the Court

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For the purposes of an appeal under Part III the Court may, if it appears to the Court to be necessary or expedient in the interests of justice —
order the production of any document, exhibit or other thing connected with the proceedings;
order any witness, who would have been a compellable witness at the trial, to attend and be examined before the Court, whether such witness was or was not called at the trial, or order the examination of any such witness to be conducted in a manner provided by rules of court before any Judge or any officer of the Court or other person appointed by the Court for the purpose, and may allow the admission of any depositions so taken as evidence before the Court;
receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not a compellable witness, and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in any case in which the evidence of such husband or wife could not have been given at the trial except on such an application;
where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which, in the opinion of the Court, cannot conveniently be conducted before the Court, order the reference of the question in manner provided by the rules of court for inquiry and report to a special commissioner appointed by the Court, and may act on the report of such commissioner appointed by the Court, and may act on the report of such commissioner so far as the Court thinks fit;
appoint any person with specialist or 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 any other powers which may for the time being be exercised by the Court on appeals in civil matters, and issue any warrant necessary for enforcing any orders or sentences of the Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence which was not given at the trial.

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