330When accused etc. is required to attend hearing

330 When accused etc. is required to attend hearing

(1) An accused must attend a hearing in the criminal proceeding against the accused if—

(a) this Act or the rules of court require the attendance of the accused at the hearing; or

(b) the accused has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the accused at the hearing.

(2) A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must attend a hearing in the appeal if—

(a) this Act or the rules of court require the attendance of the party at the hearing; or

(b) the party has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the party at the hearing.

(3) The court may excuse a person from attending a hearing.

(4) If a person fails to attend when required under subsection (1)(a), (1)(b), (2)(a) or (2)(b), the court may issue a warrant to arrest the person.

(5) If a person fails to attend when required under subsection (1)(c) or (2)(c), the court may issue a warrant to arrest the person if the court is satisfied that the person has had reasonable notice of the requirement to attend.

Note 1 to s. 330(5) amended by No. 38/2016 s. 9(4).

1 Section 3 defines attend.

2 Section 100(2) provides for the attendance of an accused at hearings in a committal proceeding.

3 Section 246 provides for the attendance of an accused at hearings conducted under Chapter 5 (Trial on Indictment).

331 Power to adjourn proceeding

(1) A court may adjourn the hearing of a criminal proceeding before the court—

(a) to any time and place; and

(b) for any purpose; and

(c) on any terms as to costs or otherwise—

that it considers appropriate.

(2) If at any time a court adjourns the hearing of a criminal proceeding, the court may—

(a) allow the accused to go at large; or

(b) remand the accused in custody; or

(c) grant the accused bail or extend his or her bail.

Note to s. 331(2) substituted as Notes to s. 331(2) by No. 43/2017 s. 35.

1 See section 333 of this Act and section 5A of the Bail Act 1977 where the accused is undergoing a sentence of detention in a youth justice centre.

2 If an order is made under paragraph (a) or (c) and the accused is the subject of a youth remand warrant that was issued in another criminal proceeding, the youth remand warrant remains in effect.