PENALTIES AND SENTENCES ACT 1992 - SECT 179 Hearings—offender to be present

PENALTIES AND SENTENCES ACT 1992 - SECT 179

179 Hearings—offender to be present

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

(a) evidence under section 167 ; and

(b) an application made under section 171 or 172 .

(2) A court may order that, at the time evidence under section 167 is to be heard, the chief executive (corrective services) bring the offender before the court.

(3) On the hearing of an application made under section 171 or 172 , the court may order the chief executive (corrective services) to bring the offender before the court.

(4) If the offender acts in a way that makes the hearing of the evidence or application in the offender’s presence impracticable, the court may order that—

(a) the offender be removed; and

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

(5) If the 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 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.