Section 387

At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hear the appellant or the appellant’s advocate in reply.

If the appellant is in custody and does not appear at the hearing to support the appellant’s appeal in person or by advocate, the appellate court may consider the appellant’s appeal and may make such order as it thinks fit.

If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that the appellant’s non‑appearance was not due to the appellant’s fault.