CRIMINAL PROCEDURE ACT 2004 - SECT 88

CRIMINAL PROCEDURE ACT 2004 - SECT 88

88 .         Accused’s presence, when required

        (1)         In this section, unless the contrary intention appears —

        proceedings includes proceedings under section 98, at trial, and under the Bail Act 1982 , the Evidence Act 1906 , the Sentencing Act 1995 or the Young Offenders Act 1994 .

        (2)         This section applies whether an accused is being tried alone or with others.

        (3)         Proceedings that relate to an accused must take place in his or her presence unless section 140 or the Sentencing Act 1995 provides otherwise.

        (4)         The court may order proceedings that relate to an accused to proceed in the accused’s absence if it is satisfied —

            (a)         that the accused’s interests will not be prejudiced by his or her absence; and

            (b)         that to do so will not be contrary to the interests of justice.

        (5)         This section does not prevent a court from allowing an accused to be present before the court by means of a video link or audio link or from taking evidence from an accused by either such means.

        (6)         If a corporation is an accused, then despite subsections (3) and (4) proceedings that relate to the accused may take place in the accused’s absence and may do so whether or not the court has issued a section 155 notice to the accused.