New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 38

38 Circumstances in which evidence to be given in person

(1) The Land and Environment Court may direct a person to attend and give evidence in proceedings on an appeal against conviction if it is satisfied that there are substantial reasons why, in the interests of justice, the person should attend and give evidence.

(2) An application for such a direction may be made by a party to the proceedings in relation to a particular person only if notice of the party's intention to make such an application has been served on each other party to the proceedings within such period as the Land and Environment Court may direct.

(3) If an application for such a direction is refused, the Land and Environment Court must give reasons for the refusal.

(4) A direction may be withdrawn only on the application, or with the consent, of the appellant.

(5) The regulations may make provision for or with respect to the determination of substantial reasons under subsection (1).

(6) Without limiting subsection (5), in determining whether substantial reasons exist, the Land and Environment Court must have regard to whether or not the appellant was legally represented for the whole or any part of the original Local Court proceedings.