37Appeals to be by way of rehearing on the evidence

#### 37 Appeals to be by way of rehearing on the evidence 37 Appeals to be by way of rehearing on the evidence > > (1) An appeal against conviction is to be by way of rehearing on the basis of evidence given in the original Local Court proceedings, except as provided by section 38. > > > (2) Fresh evidence may be given, but only by leave of the Land and Environment Court which may be granted only if the Court is satisfied that it is in the interests of justice that the fresh evidence be given. > > > (3) The parties to an appeal are each entitled to be provided with one free copy of the transcripts of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence. > > **s 37:** Am 2009 No 4, Sch 1 \[10\] \[11\].