430ERespondent's failure to appear on appeal by DPP

430E Respondent's failure to appear on appeal by DPP S. 430E(1) amended by No. 30/2010 s. 37(1)(a). (1) If a respondent to an appeal under section 427 or 429A by the DPP fails to appear at the time listed for the hearing of the appeal, the appellate court— (a) may adjourn the proceeding on any terms that it considers appropriate; or S. 430E(1)(b) amended by No. 30/2010 s. 37(1)(b). (b) if satisfied that notice of the appeal has been given in accordance with section 428 or 429B (as the case requires), may hear and determine the appeal in the absence of the respondent. The appellate court cannot impose a sentence that requires the consent of the respondent, for example a youth supervision order, in the absence of the respondent. S. 430E(2) amended by No. 30/2010 s. 37(2). (2) If the appellate court adjourns the proceeding and is satisfied that notice of the appeal has been given in accordance with section 428 or 429B (as the case requires), the court may issue a warrant to arrest the respondent and to bring the respondent before the judge who issued the warrant or any other judge of the court. S. 430F inserted by No. 68/2009 s. 69.