A view under s 53 of the Evidence Act 1995 cannot be conducted in the absence of an accused who wishes to attend; the mandatory requirement of s 53(2)(a) for a reasonable opportunity for the parties to be present is not satisfied by the presence of counsel alone, and breach constitutes a fundamental flaw in the trial process. In assessing the admissibility of evidence of flight under s 137, the court must consider the explanation the accused would need to advance to rebut the inference of consciousness of guilt, and where that explanation would require disclosure of highly prejudicial material (such as suspected terrorist involvement), the probative value may be outweighed by the danger of unfair prejudice.
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