Criminal Code Act 1899

Subject to this section the trial must take place in the presence of the accused person.

If an accused person so conducts himself or herself as to render the continuance of the proceedings in the person’s presence impracticable, the court may order the person to be removed and may direct the trial to proceed in the person’s absence.

Where 2 or more accused persons are charged in the 1 indictment, if it is made to appear to the court that any of them is unable to be present by reason of the person’s illness or infirmity, the court may permit the person to be absent during the whole or any part of the trial if it is satisfied—

that the interests of the accused person will not be prejudiced by the trial proceeding in the person’s absence; and

that the interests of justice require that the trial should proceed in the person’s absence.

The court may in any case permit a person charged with a misdemeanour to be absent during the whole or any part of the trial on such conditions as it thinks fit.

If an accused person absents himself or herself during the trial without leave, the court may direct a warrant to be issued to arrest the person and bring the person before the court forthwith. sch 1 pt 8 ch 62 ch div 10 s 617 sub 1982 No. 34 s 2