PART V - MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

145 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Act shall be taken in the presence of the accused or, where his personal attendance has been dispensed with, in the presence of his barrister and solicitor or pleader if any :

Provided that nothing in this section shall render it unlawful for any Court to take evidence in an inquiry or trial in the absence of the accused, if he has by his misconduct in court prevented the taking of such evidence in his presence.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

151 Court may proceed with hearing in absence of accused in certain cases

(1) Notwithstanding the provisions of section 145 of this Act, if an accused who has sent to the Court a plea of guilty in writing or is charged with any offence for which upon conviction the maximum sentence which can be imposed is a fine not exceeding two hundred dollars or imprisonment, otherwise than in default of payment of a fine, for a period not exceeding six months or both such fine and imprisonment does not attend in the District Court at the time and place appointed in and by the summons or by any bond for his attendance that he may have entered into, and his personal attendance has not been dispensed with under section 61 of this Act, the Court may, on being satisfied that the plea of guilty in writing is unequivocal or on proof of the proper service of the summons a reasonable time before, or on production of the bond, as the case may be, proceed to hear and determine the case in the absence of the accused or may adjourn the case and issue a warrant for the arrest of the accused in accordance with the provisions of section 63 of this Act.

(2) Notwithstanding the provisions of the preceding subsection, no person shall be tried in his absence unless he has consented thereto :

Provided that, where any person has been served with a summons containing a direction made under section 61 for his personal attendance to be dispensed with and the summons is endorsed with a notice that, if he does not attend, he will be deemed to have consented to the trial taking place in his absence, he shall be deemed to have so consented.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

155 Non-attendance of parties after adjournment

(1) If at the time and place to which the trial or further trial of any criminal proceeding is adjourned by the District Court, the accused does not attend before the Court, and he has consented, personally or by his barrister and solicitor or pleader, if any, to the trial taking place in his absence, the Court may, in its discretion, proceed with the trial or further trial as if the accused were present, and if the complainant does not attend, himself or by his barrister and solicitor or pleader, the Court may dismiss the charge with or without costs as the Court shall think fit.

(2) Where an accused who has not attended before the District Court at the time and place to which the trial, or further trial, of any criminal proceeding has been adjourned, has not consented to the trial taking place in his absence or the Court has in its discretion not proceeded with the trial or further trial, the Court may issue a warrant for his arrest and for him to be brought before the Court and shall further adjourn the trial or further trial accordingly.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

156 Conviction in absence of accused may be set aside

If the District Court convicts any accused in his absence, it shall set aside such conviction upon being satisfied that his absence was from causes over which he had no control and that he had a probable defence on the merits.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.