330. When accused etc. is required to attend hearing

330. When accused etc. is required to attend hearing

(1) An accused must attend a hearing in the criminal proceeding against the accused if—

(a) this Act or the rules of court require the attendance of the accused at the hearing; or

(b) the accused has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the accused at the hearing.

(2) A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must attend a hearing in the appeal if—

(a) this Act or the rules of court require the attendance of the party at the hearing; or

(b) the party has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the party at the hearing.

(3) The court may excuse a person from attending a hearing.

(4) If a person fails to attend when required under subsection (1)(a), (1)(b), (2)(a) or (2)(b), the court may issue a warrant to arrest the person.

(5) If a person fails to attend when required under subsection (1)(c) or (2)(c), the court may issue a warrant to arrest the person if the court is satisfied that the person has had reasonable notice of the requirement to attend.

Notes

1 Section 3 defines attend as to be physically present in court.

2 Section 100(2) provides for the attendance of an accused at hearings in a committal proceeding.

3 Section 246 provides for the attendance of an accused at hearings conducted under Chapter 5 (Trial on Indictment).