§ 392 — Taking additional evidence

392.—(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.(2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken.

(3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.

(4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict.

(5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section.

—(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.

(2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken.

(3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.

(4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict.

(5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section.