§ Without prejudice to the generality of section 9 of the 1907 Act (supplemental powers), where evidence is tendered to the Court of Appeal under that section, the Court shall, unless they are satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise their power under that section of receiving it if—
- (a) it appears to them that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and
- (b) they are satisfied that it was not adduced at the trial, but that there is a reasonable explanation for the failure so to adduce it.—[Mr. Taverne.]
§ Brought up, read the First and Second time, and added to the Bill.