QLDIn ForceAct
Justices Act 1886
sec.84Remand of defendant
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### sec.84 Remand of defendant
In any case of a charge of an indictable offence, if from the absence of witnesses or from any other reasonable cause it becomes necessary or advisable to defer the hearing of the case, the justices before whom the defendant appears or is brought may adjourn such hearing to the same or some other place, and may from time to time remand the defendant to some prison, lockup, or other place of security, for such period as they may in their discretion deem reasonable, but not exceeding 8 clear days (or such longer period as may be consented to by the defendant) at any one time, to be there kept, and to be brought before the same or such other justices as shall be acting at the time or place appointed for continuing the hearing.
However, if the defendant is represented by a lawyer, the defendant need not be present at the further hearing unless—
the justices before whom the defendant appears order otherwise; or
a charge is being heard and determined, an examination of a witness is being conducted or a penalty is being imposed.
s 84 amd 1949 13 Geo 6 No. 30 s 12; 2000 No. 63 s 276 sch 2 ; 2002 No. 23 s 58 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 26 s 80
(sec.84-ssec.1) In any case of a charge of an indictable offence, if from the absence of witnesses or from any other reasonable cause it becomes necessary or advisable to defer the hearing of the case, the justices before whom the defendant appears or is brought may adjourn such hearing to the same or some other place, and may from time to time remand the defendant to some prison, lockup, or other place of security, for such period as they may in their discretion deem reasonable, but not exceeding 8 clear days (or such longer period as may be consented to by the defendant) at any one time, to be there kept, and to be brought before the same or such other justices as shall be acting at the time or place appointed for continuing the hearing.
(sec.84-ssec.2) However, if the defendant is represented by a lawyer, the defendant need not be present at the further hearing unless— the justices before whom the defendant appears order otherwise; or a charge is being heard and determined, an examination of a witness is being conducted or a penalty is being imposed.
- (a) the justices before whom the defendant appears order otherwise; or
- (b) a charge is being heard and determined, an examination of a witness is being conducted or a penalty is being imposed.