Justices Act 1886

The justices or justice may, in connection with the examination of witnesses in relation to an indictable offence as referred to in section 104, upon application made by a defendant appearing before the justices or justice together with 1 or more other defendants, or made by the defendant’s lawyer on the defendant’s behalf, excuse the defendant from attendance during the taking of any evidence for the prosecution.

In considering the application, the justices or justice shall have regard to—

the evidence being led; and

the defendant or defendants against whom the evidence is admissible; and

any other matter considered by the justices or justice to be relevant to the merits of the application.

The justices or justice, in excusing the defendant from attendance during the taking of any evidence for the prosecution, may grant bail to the defendant or enlarge the undertaking of the defendant as to bail on such conditions as the justices or justice thinks fit under, subject to and in accordance with the provisions of the Bail Act 1980.