Nauru

Criminal Procedure Act 1972

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.

Keywords

Fair trial standards
Trials in absentia



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