QLDIn ForceAct
Justices Act 1886
sec.223Appeal generally a rehearing on the evidence
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### sec.223 Appeal generally a rehearing on the evidence
An appeal under section 222 is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the justices.
However, the District Court may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if the court is satisfied there are special grounds for giving leave.
If the court gives leave under subsection (2) , the appeal is—
by way of rehearing on the original evidence; and
on the new evidence adduced.
s 223 sub 1949 13 Geo 6 No. 30 s 34; 1997 No. 38 s 63
amd 1999 No. 19 s 3 sch
(sec.223-ssec.1) An appeal under section 222 is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the justices.
(sec.223-ssec.2) However, the District Court may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if the court is satisfied there are special grounds for giving leave.
(sec.223-ssec.3) If the court gives leave under subsection (2) , the appeal is— by way of rehearing on the original evidence; and on the new evidence adduced.
- (a) by way of rehearing on the original evidence; and
- (b) on the new evidence adduced.