Respondent's failure to appear on appeal by DPP
346 Respondent's failure to appear on appeal by DPP
If a respondent to an appeal under section 334 or 337 by the DPP fails to appear at the time listed for the hearing of the appeal, the appellate court—
may adjourn the proceeding on any terms that it considers appropriate; or
if satisfied that notice of the appeal has been given in accordance with section 335 or 338 (as the case requires), may hear and determine the appeal in the absence of the respondent.
Note
In the absence of the respondent, the appellate court cannot impose a sentence that requires the consent of the respondent, for example a youth supervision and support order.
If the appellate court adjourns the proceeding and is satisfied that notice of the appeal has been given in accordance with section 335 or 338 (as the case requires), a judge of the appellate court may issue a warrant to arrest the respondent and to bring the respondent before the appellate court.
This Act’s bill:Explanatory memorandumSecond reading speech
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