COOK ISLANDS - CRIMINAL PROCEDURE ACT 1980-81

PART I - PROCEDURE FOR PROSECUTION OF OFFENCES

53. Presence and appearance of defendant- (1) Every defendant shall be entitled to be present in Court during the whole of his trial, unless he misconducts himself by so interrupting the trial as to render its continuance in his presence impracticable.

(2) In any proceedings, the Court may permit the defendant to be out of the Court during the whole or any part of the proceedings on such terms as it thinks proper .

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it