Skip to content

Section 61

Additional evidence

of Courts of Judicature Act 1964

ActIn forceProvision 64 of 102
Section 61
(1)

In dealing with any appeal in a criminal case the

Court of Appeal may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the trial court.

(2)

When the additional evidence is taken by the trial court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the

Court of Appeal, and the Court of Appeal shall thereupon proceed to dispose of the appeal.

Courts of Judicature 45

(3)

The parties to the appeal shall be present when additional evidence is taken.

(4)

In dealing with any appeal in a criminal case the Court of Appeal may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.