Criminal Code Act 1924
411Right of appellant to be present
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411 Right of appellant to be present
(1) An appellant, notwithstanding that he is in custody, shall be entitled to be present if he so desires, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone.
(2) [Section 411 Amended by No. 23 of 2013, s. 4, Applied:01 Sep 2013] On an appeal on such ground, and on an application for leave to appeal, and on any proceedings preliminary or incidental to an appeal, the appellant shall not be entitled to be present, except by leave of the Court or if ordered to attend before the Court under section 409(1)(ab) .
(3) The power of the Court to pass any sentence may be exercised notwithstanding that the appellant is not present.