Court may permit accused to be absent from committal hearing
135 Court may permit accused to be absent from committal hearing
Before or during a committal hearing, an accused may apply to the Magistrates' Court for permission to be absent from the committal hearing for a specified period.
On application made under subsection (1), the Magistrates' Court may permit an accused to be absent from the committal hearing for a period, and subject to any conditions, specified by the court if the court—
is satisfied that there are special circumstances in respect of the accused; and
considers that the committal hearing cannot be postponed without undue prejudice or inconvenience to the prosecution or any other accused or any witness.
If the Magistrates' Court permits an accused to be absent from a committal hearing, the court may continue the committal hearing in the absence of the accused.
The power under section 330(3) to excuse the attendance of an accused does not apply to this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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