(1)  An appellant, notwithstanding that he is in custody, shall be entitled to be present if he so desires, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone.

(2)  On an appeal on such ground, and on an application for leave to appeal, and on any proceedings preliminary or incidental to an appeal, the appellant shall not be entitled to be present, except by leave of the Court or if ordered to attend before the Court under section 409(1)(ab) .

(3)  The power of the Court to pass any sentence may be exercised notwithstanding that the appellant is not present.