329When accused etc. is required to appear at hearing

329 When accused etc. is required to appear at hearing (1) An accused must appear at every hearing in the criminal proceeding against the accused, unless otherwise provided by this Act or the rules of court. (2) A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must appear at every hearing in the appeal, unless otherwise provided by this Act or the rules of court. (3) The court may excuse a person from appearing at a hearing. 1 See section 328 for the ways in which an accused may appear. Note 2 to s. 329 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 18.2), 38/2016 s. 9(3). 2 Division 3 of Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958** authorises or requires the appearance of an accused before the court by audio visual link in certain circumstances.