42LMaking of direction for physical appearance in section 42JA or 42K(1) proceedings

42L Making of direction for physical appearance in section 42JA or 42K(1) proceedings S. 42L(1) amended by Nos 68/2009 s. 97(Sch. item 54.30), 38/2016 s. 5(2), substituted by No. 11/2021 s. 10(2). (1) A court may direct that an accused appear, or be brought, physically before it in a proceeding in which, by virtue of a provision of section 42JA or section 42K(1), physical appearance would not otherwise be required, if— (a) it is satisfied on an application made in accordance with this section, that— (i) physical appearance is required in the interests of justice; or (ii) it is not reasonably practicable for the accused to appear before the court by audio visual link; and (b) it has considered— (i) the impact of requiring a physical appearance by the accused on the court's case management generally; and (ii) any risk to public health by requiring a physical appearance by the accused, including any risks involved in transporting the accused between the accused's place of custody and the court. S. 42L(1A) inserted by No. 38/2016 s. 5(3), amended by No. 11/2021 s. 10(3). (1A) Without limiting subsection (1), in determining whether the making of a direction referred to in subsection (1) is required in the interests of justice, a court must take into consideration whether the direction is required to enable the accused— (a) to comprehend the proceedings; or (b) to communicate with the accused's legal representative and give instructions, or express wishes, to that representative. S. 42L(2) amended by No. 68/2009 s. 97(Sch. item 54.31). (2) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 3 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason. (3) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court. (4) An application is to be determined by the court on the basis of the written application and any written submissions on the application filed with the court by any other party without giving the applicant or any other party an opportunity to be heard. S. 42L(5) amended by No. 68/2009 s. 97(Sch. item 54.32). (5) With leave of the court, an application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court. (6) Subsections (3) and (4) do not apply to an application made in accordance with subsection (5). (7) A court may also make a direction referred to in subsection (1) on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it. (8) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions. S. 42M (Heading) inserted by No. 38/2016 s. 6(1), amended by No. 11/2021 s. 11(1). S. 42M inserted by No. 4/1997