(1)
An appeal under this Part to the Court of Appeal or the Supreme Court must be dealt with by way of a hearing involving oral submissions unless the court directs that the appeal be determined just on the basis of written material.
(2)
The court may at any time direct that an appeal be determined just on the basis of written material provided to it if—
the court is satisfied that the appeal can fairly be determined on that basis, having regard to the following:
whether the parties have been assisted by counsel in preparing the appeal:
whether the parties have been provided with copies of the relevant trial documentation:
the gravity of the offence:
the nature and complexity of the issues raised by the appeal:
whether evidence should be called:
any relevant cultural or personal factors; and
either the appeal has no realistic prospect of success or should clearly be allowed.
(3)
The court may at any time direct that an appeal be determined just on the basis of written material provided to it if both parties agree that the appeal should be determined on that basis.
(4)
A Judge of the Court of Appeal, acting alone, may decide how a particular appeal is to be heard, but no Judge acting alone may reverse a decision of the court on how an appeal is to be heard.
(5)
A decision to deal with an appeal just on the basis of written material must be in writing, be accompanied by reasons, and be provided by the Registrar to the parties.
Compare: 1961 No 43 s 392A(1)–(4)