Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

571. PRESENCE OF ACCUSED.

(1) Subject to Subsection (2), a trial must take place in the presence of the accused person, unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable, in which case the court–

(a) may order him to be removed ; and
(b) may direct the trial to proceed in his absence.

(2) The court may, in any case, if it thinks fit, permit a person charged with a misdemeanour to be absent during the whole or any part of the trial on such conditions as it thinks proper.

(3) If the accused person absents himself during the trial without leave, the court may direct a warrant to be issued to arrest him and bring him before the court.

Keywords

Trials in absentia
Rights during trial - present at trial
Disruption of trial - removal of the accused



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