sec.43Court of Appeal’s powers on appeal

### sec.43 Court of Appeal’s powers on appeal An appeal is by way of rehearing. The Court of Appeal— has all the powers and duties of the court that made the decision appealed from; and may draw inferences of fact, not inconsistent with the findings of the court; and may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and may order that the matter be remitted to the court for rehearing. Subsection (2) (a) does not limit the powers that the Court of Appeal has in its civil jurisdiction. If the Court of Appeal orders that the matter be remitted to the court for rehearing and is satisfied the matter may not be reheard until after the prisoner’s release day, the Court of Appeal may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the Court of Appeal makes an order under subsection (4) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) . s 43 amd 2005 No. 70 s 85 (sec.43-ssec.1) An appeal is by way of rehearing. (sec.43-ssec.2) The Court of Appeal— has all the powers and duties of the court that made the decision appealed from; and may draw inferences of fact, not inconsistent with the findings of the court; and may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and may order that the matter be remitted to the court for rehearing. (sec.43-ssec.3) Subsection (2) (a) does not limit the powers that the Court of Appeal has in its civil jurisdiction. (sec.43-ssec.4) If the Court of Appeal orders that the matter be remitted to the court for rehearing and is satisfied the matter may not be reheard until after the prisoner’s release day, the Court of Appeal may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the Court of Appeal makes an order under subsection (4) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) . - (a) has all the powers and duties of the court that made the decision appealed from; and - (b) may draw inferences of fact, not inconsistent with the findings of the court; and - (c) may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and - (d) may order that the matter be remitted to the court for rehearing. - (a) that the prisoner’s release from custody be supervised; or - (b) that the prisoner be detained in custody for the period stated in the order.