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Recording of evidence.
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7.—The Act of 1924 is hereby amended by the substitution of the following section for section 33:
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“33. (1) The appeal, in case such certificate or leave to appeal is granted, shall be heard and determined by the Court of Criminal Appeal (‘the court’) on—
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(a) a record of the proceedings at the trial and on a transcript thereof verified by the judge before whom the case was tried, and
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(b) where the trial judge is of opinion that the record or transcript referred to in paragraph (a) of this subsection does not reflect what took place during the trial, a report by him as to the defects which he considers such record or transcript, as the case may be, contains,
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with power to the court to hear new or additional evidence, and to refer any matter for report by the said judge.
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(2) Where the court is of opinion that either the record or the transcript thereof is defective in any material particular, it may determine the appeal in such manner as it considers, in all the circumstances, appropriate.
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(3) In this section, ‘record’ includes, in addition to a record in writing—
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(a) shorthand notes, or a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
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(b) a film tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
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(c) a photograph.
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(4) Section 97 of the Act of 1924 is hereby repealed.”.
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