Tuvalu

Criminal Procedure Code

PART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS


185 Non-appearance of complainant at hearing

(1) If, in any case which a magistrate’s court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear by himself or by his advocate, the court shall dismiss the charge, unless for some reason it shall think it proper to adjourn the hearing of the case until some other date, upon such terms as it shall think fit, in which event it may, pending such adjourned hearing, either admit the accused to bail or remand him to prison, or take such security for his appearance as the court shall think fit.

(2) The expression “advocate” in this section and in sections 187 and 189 shall in relation to a complainant include a public prosecutor.

Keywords

Fair trial standards
Trials in absentia
Rights during trial - present at trial



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