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
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