s 28 The hearing
(1) Except as provided by this section, an appellant shall be entitled to be present, if he desires it, on the hearing of his appeal, although he may be in custody. (2) A person in custody shall not be entitled to be present— (a) where the appeal is on some ground involving a question of law alone ; or (6) on any proceedings preliminary or incidental to an appeal, unless rules of court provide that he is to be so entitled or the Court of Criminal Appeal give him leave to be present ; nor shall he be so entitled where he is in custody in consequence of a finding of not guilty on the ground of insanity. (3) The power of the Court to pass sentence may be exercised notwithstanding that the appellant is for any reason not present.