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Section history

Section 387 — Procedure at hearing

Consolidated view is experimental and may be broken for certain provisions.

Amendments
387.Procedure at hearing

(1)At the hearing of an appeal, the appellate court shallmust hear the appellant or histhe appellant’s advocate, if hethe appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or histhe respondent’s advocate, if hethe respondent or the respondent’s advocate appears, and shallmust hear the appellant or histhe appellant’s advocate in reply.

(2)If the appellant is in custody and does not appear at the hearing to support histhe appellant’s appeal in person or by advocate, the appellate court may consider histhe appellant’s appeal and may make such order as it thinks fit.

(3)If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that histhe non-appearanceappellant’s non‑appearance was not due to histhe appellant’s fault.