225
(c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not com- pellable witness; and
any
(d) where any question arising on the appeal involves prolonged examination of documents or accounts, or scientific or local investigation which cannot in the opinion of the Full Court conveniently be conducted before them, order the reference of the question in manner provided b such rules and orders as aforesaid for inquiry and report to a special cominissioner appointed by the Full Court, and act upon the report of any such commissioner so far as they think fit to adopt it; and
(e) appoint any person with special expert knowledge to act as assessor in any case where it appears to the Full Court that such special knowledge is required for the proper determination of the case :
and exercise in relation to the proceedings of the Full Couri any other powers which may for the time being be exercised by the Full Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Full Court. Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.
c. 23, s. 14..
(9) The Full Court may, if it seems fit, on the application 7 Ed. 7, of an appellant, admit the appellant to bail pending the deter- mination of the appeal.
Further provisions relating to appeals and cases reserved.
a
78B. Except where, in the opinion of the Full Court, substantial miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 78 and no appeal shall be allowed under section 78A---
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court; or
(b) because of any error committed in summoning or swearing the jury or any of them; or
(c) because any person who has served on the jury has not been returned by the Registrar; or
(d) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
(e) because of any informality in swearing the witnesses or any of them.
Prohibition of staying
or reversal of judgment
on specified grounds.
determina-
7SC.--(1) Persons committed to prison under section Treatment 78 (1) and appellants not admitted to bail under section pending 78A (9) shall, pending the determination of their cases by tion of case the Full Court, be treated. in such manner as may be directed by Full by any rules, made under the Prisons Ordinance 1899, 7 Ed. 7. relating to prisoners committed for trial for any indictable c. 23, s. 14. offence.
Court.
Ordinance No. 4 of 1899.
sentence.
(2) The time during which any such person or appellant Effect on is admitted to bail under section 78 (1) or section 78A (9), and, subject to any directions which the Full Court may give to the contrary, the time during which any such person or appellant is in custody pending the determination of his case. shall not count as part of any term of imprisonment under