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Section 11: Supplementary powers of Court

Criminal Appeal Act

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

11. Supplementary powers of Court For the purposes of this Act, the Court may, if it thinks it necessary or expedient in the interest of justice— (a) order the production of any document, exhibit, or other thing connected with the proceedings (whether produced at the trial or not) where the production appears necessary for the determination of the case; (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 Court or before any officer of that Court or before any Magistrate or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court; (c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness, and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such an application; (d) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in its opinion 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 them, and act upon 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 in any case where it appears to it that such special knowledge is required for the proper determination of the case, and exercise in relation to the proceedings of the Court any other powers not inconsistent with this Act which may for the time being be exercised by the Supreme Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Court. [Issue 6] C56 – 6 Revised Laws of Mauritius 12. – 13. —

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