South Australian Consolidated Acts South Australian Consolidated Acts9B—Presence of defendant during sentencing proceedings
(1) Subject to the
following exceptions, a defendant who is to be sentenced for an indictable
offence must be present when the sentence is imposed and throughout all
proceedings relevant to the determination of sentence.
Exceptions—
1 The defendant may, with the prosecutor's
consent, be absent during the whole or part of the proceedings.
2 The court may exclude the defendant from the
courtroom if satisfied that the exclusion is necessary in the interests of
safety or for the orderly conduct of the proceedings. However, if such an
exclusion is made, the court should (if practicable) make arrangements to
enable the defendant to see and hear the proceedings by videolink.
(2) If the defendant
is a body corporate, the requirement is satisfied by the presence of a
director or some other representative of the body corporate satisfactory to
the court but, in that case, either the prosecutor or the court may waive the
requirement.
(3) A court may make
any order necessary to secure compliance with this section and, if necessary,
issue a warrant to have the defendant (or, if the defendant is a body
corporate, a director or other representative of the defendant) arrested and
brought before the court.
(4) This
section—
(a) does
not prevent the passing of sentence, in the absence of the defendant, in a
case where the defendant cannot be found; and
(b) does
not invalidate a sentence passed in the absence of the defendant.