sec.104ADefendant may be excused from certain attendances

### sec.104A Defendant may be excused from certain attendances The justices or justice may, in connection with the examination of witnesses in relation to an indictable offence as referred to in section 104 , upon application made by a defendant appearing before the justices or justice together with 1 or more other defendants, or made by the defendant’s lawyer on the defendant’s behalf, excuse the defendant from attendance during the taking of any evidence for the prosecution. In considering the application, the justices or justice shall have regard to— the evidence being led; and the defendant or defendants against whom the evidence is admissible; and any other matter considered by the justices or justice to be relevant to the merits of the application. The justices or justice, in excusing the defendant from attendance during the taking of any evidence for the prosecution, may grant bail to the defendant or enlarge the undertaking of the defendant as to bail on such conditions as the justices or justice thinks fit under, subject to and in accordance with the provisions of the Bail Act 1980 . s 104A ins 1980 No. 32 s 4 amd 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 120 sch (sec.104A-ssec.1) The justices or justice may, in connection with the examination of witnesses in relation to an indictable offence as referred to in section 104 , upon application made by a defendant appearing before the justices or justice together with 1 or more other defendants, or made by the defendant’s lawyer on the defendant’s behalf, excuse the defendant from attendance during the taking of any evidence for the prosecution. (sec.104A-ssec.2) In considering the application, the justices or justice shall have regard to— the evidence being led; and the defendant or defendants against whom the evidence is admissible; and any other matter considered by the justices or justice to be relevant to the merits of the application. (sec.104A-ssec.3) The justices or justice, in excusing the defendant from attendance during the taking of any evidence for the prosecution, may grant bail to the defendant or enlarge the undertaking of the defendant as to bail on such conditions as the justices or justice thinks fit under, subject to and in accordance with the provisions of the Bail Act 1980 . - (a) the evidence being led; and - (b) the defendant or defendants against whom the evidence is admissible; and - (c) any other matter considered by the justices or justice to be relevant to the merits of the application.