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Criminal Code Act 1983
419Supplemental powers
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419 Supplemental powers
(1) The Court may, if it thinks it necessary or expedient in the interests
of justice:
(a) order the production of any document, exhibit or other thing
connected with the proceedings;
(b) order any persons who would have been compellable
witnesses at the trial to attend and be examined before the
Court, whether they were or were not called at the trial, or
Criminal Code Act 1983 314
order any such persons to be examined before any person
appointed by the Court for the purpose and admit any
depositions so taken as evidence;
(c) receive the evidence, if tendered, of any witness (including the
appellant) who is a competent, but not a compellable, witness;
(d) where any question arising on the appeal involves prolonged
examination of documents or accounts, or any scientific or
local investigation, that cannot, in the opinion of the Court, be
conveniently conducted before the Court, refer the question
for inquiry and report to a commissioner appointed by the
Court and act upon the report of such commissioner so far as
the Court thinks fit; and
(e) appoint any person with special expert knowledge to act as
assessor to the Court in any case in which it appears to the
Court that such special knowledge is required for the
determination of the case,
and exercise in relation to the proceedings of the Court any other
powers that may for the time being be exercised by the Supreme
Court on appeals or applications in civil matters and issue any
warrant or other process necessary for enforcing the orders or
sentences of the Court.
(2) In no case shall any sentence be increased by reason of or in
consideration of any evidence that was not given at the trial.