(1) On any appeal or application for leave to appeal under this Act the court before which the appellant was convicted shall, if it thinks necessary or if the Court of Appeal or the Supreme Court so desires, send to the Court of Appeal or the Supreme Court a copy of the whole or of such part as is material of the notes taken by the Judge presiding at the trial.
(2) The Court of Appeal or the Supreme Court may, if it considers the notes defective, refer to such other evidence of what took place at the trial as it thinks fit.
Compare: 1908 No 32 s 444(1), (2); 1945 No 23 s 8
Section 394 heading: amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 394(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 394(2): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).