SENTENCING ACT 1995 - SECT 78 Hearings – offender to be present

SENTENCING ACT 1995 - SECT 78

    (1)     Subject to this section, the offender must be present during the hearing of:

        (a)     evidence under section 68; and

        (b)     an application made under section 72 or 73.

    (2)     The Supreme Court may order that, at the time evidence under section 68 is to be heard, the person in charge of the place where the offender is imprisoned must bring the offender before the Supreme Court.

    (3)     On the hearing of an application made under section 72 or 73, the Supreme Court may order the person in charge of the place where the offender is imprisoned to bring the offender before the Supreme Court.

    (4)     Where the offender acts in a way that makes the hearing of the evidence or application in the offender's presence impracticable, the Supreme Court may order that:

        (a)     the offender be removed; and

        (b)     the hearing of the application continue in the offender's absence.

    (5)     Where the Supreme Court is satisfied that the offender is unable to be present during the hearing of the evidence or application because of the offender's illness or another reason, the Supreme Court may allow the offender to be absent during the whole or a part of the hearing if it is satisfied that:

        (a)     the offender's interests will not be prejudiced by the hearing continuing in the offender's absence; and

        (b)     the interests of justice require that the hearing should continue in the offender's absence.