South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 166

166—Supplemental powers of Court

For the purposes of this Act, the Court of Appeal 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, the production of which appears to it necessary for the determination of the case; and

            (b)         order any witnesses 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 order the examination of any such witnesses to be conducted in the manner provided by rules of court before any judge of the Supreme Court or before any officer of the Supreme Court or justice of the peace or other person appointed by the Court of Appeal for the purpose, and allow the admission of any statements so taken as evidence before the Court of Appeal; and

            (c)         receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness; and

            (d)         where any question arising on the appeal involves prolonged examination of documents or accounts or any scientific or local investigation which cannot, in the opinion of the Court of Appeal, conveniently be conducted before the Court, order the reference of the question in the manner provided by rules of court for inquiry and report to a special commissioner appointed by the Court and act on the report of any such commissioner so far as it thinks fit to adopt it; and

            (e)         appoint any person with special expert knowledge to act as assessor to the Court of Appeal in any case where it appears to the Court that such special knowledge is required for the proper determination of the case; and

            (f)         exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Supreme Court on appeals or applications in civil matters; and

            (g)         issue any warrants necessary for enforcing the orders or sentences of the Court,

but in no case will any sentence be increased by reason of, or in consideration of, any evidence that was not given at the trial.



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