565. Appellant or applicant in custody.

An appellant1 (whether or not in custody) is entitled to be present on the hearing of his appeal2. However, this right does not apply to an appellant in custody: (1) where his appeal is on a ground involving only a question of law; (2) on an application by him for leave to appeal; or (3) on any proceedings preliminary or incidental to an appeal, unless the Court Martial Appeal Court3 gives him leave to be present