5BAAccused detainee to appear physically in physical appearance proceedings

5BA Accused detainee to appear physically in physical appearance proceedings

5BA Accused detainee to appear physically in physical appearance proceedings

(1) An accused detainee who is charged with an offence and is required to appear before a NSW court in physical appearance proceedings concerning the offence must, unless the court otherwise directs, appear physically before the court.

Note.

accused detainee and physical appearance proceedings are defined in section 3.

(2) (Repealed)

(3) Subsection (1) does not apply if the parties to the proceeding consent to the accused detainee appearing before the court by audio visual link from any place within New South Wales at which the accused detainee is in custody other than the courtroom or place where the court is sitting.

(4) The court may make a direction under subsection (1) on its own motion or on the application of any party to the proceeding or of any person on behalf of a designated government agency.

(5) The court may make such a direction only if it is satisfied that it is in the interests of the administration of justice for the accused detainee to appear before the court by audio visual link from a place within New South Wales at which the person is in custody other than the courtroom or place where the court is sitting.

(6) Without limiting the factors that the court may take into account in determining whether it is in the interests of the administration of justice to make a direction under subsection (1), the court must take into account such of the following factors as are relevant in the circumstances of the case—

(a) the risk that the personal security of a particular person or persons (including the accused detainee) may be endangered if the accused detainee appears in the courtroom or place where the court is sitting,

(b) the risk of the accused detainee escaping, or attempting to escape, from custody when attending the courtroom or place where the court is sitting,

(c) the behaviour of the accused detainee when appearing before a court in the past,

(d) the conduct of the accused detainee while in custody, including the accused detainee’s conduct during any period in the past during which the accused detainee was being held in custody in a correctional centre or detention centre,