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1. A second hearing of a case already adjudicated upon, e.g. an *appeal to the Crown Court from conviction by a magistrates’ court. All the evidence is heard again and either side may introduce fresh evidence without leave.
2. The hearing of an appeal by the *Court of Appeal, in which the Court will consider all the evidence presented to the trial court (if it is relevant to the appeal) by reading the verbatim transcript of the trial; it will not usually permit fresh evidence to be given. The Court will usually not disturb the trial judge’s findings on *primary facts, as opposed to the inferences to be drawn from those facts.

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