When accused etc. is required to attend hearing
330 When accused etc. is required to attend hearing
An accused must attend a hearing in the criminal proceeding against the accused if—
this Act or the rules of court require the attendance of the accused at the hearing; or
the accused has been remanded in custody or granted bail to attend the hearing; or
the court requires the attendance of the accused at the hearing.
A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must attend a hearing in the appeal if—
this Act or the rules of court require the attendance of the party at the hearing; or
the party has been remanded in custody or granted bail to attend the hearing; or
the court requires the attendance of the party at the hearing.
The court may excuse a person from attending a hearing.
If a person fails to attend when required under subsection (1)(a), (1)(b), (2)(a) or (2)(b), the court may issue a warrant to arrest the person.
If a person fails to attend when required under subsection (1)(c) or (2)(c), the court may issue a warrant to arrest the person if the court is satisfied that the person has had reasonable notice of the requirement to attend.
Notes
Note 1 to s. 330(5) amended by No. 38/2016 s. 9(4).
1 Section 3 defines attend.
2 Section 100(2) provides for the attendance of an accused at hearings in a committal proceeding.
3 Section 246 provides for the attendance of an accused at hearings conducted under Chapter 5 (Trial on Indictment).
This Act’s bill:Explanatory memorandumSecond reading speech
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