sec.179Hearings—offender to be present

### sec.179 Hearings—offender to be present Subject to this section, the offender must be present during the hearing of— evidence under section 167 ; and an application made under section 171 or 172 . A court may order that, at the time evidence under section 167 is to be heard, the chief executive (corrective services) bring the offender before the court. On the hearing of an application made under section 171 or 172 , the court may order the chief executive (corrective services) to bring the offender before the court. If the offender acts in a way that makes the hearing of the evidence or application in the offender’s presence impracticable, the court may order that— the offender be removed; and the hearing of the application continue in the offender’s absence. If the court is satisfied that the offender is unable to be present during the hearing of the evidence or application because of the offender’s illness or another reason, the court may allow the offender to be absent during the whole or a part of the hearing if it is satisfied that— the offender’s interests will not be prejudiced by the hearing continuing in the offender’s absence; and the interests of justice require that the hearing should continue in the offender’s absence. s 179 amd 2006 No. 29 s 500 (sec.179-ssec.1) Subject to this section, the offender must be present during the hearing of— evidence under section 167 ; and an application made under section 171 or 172 . (sec.179-ssec.2) A court may order that, at the time evidence under section 167 is to be heard, the chief executive (corrective services) bring the offender before the court. (sec.179-ssec.3) On the hearing of an application made under section 171 or 172 , the court may order the chief executive (corrective services) to bring the offender before the court. (sec.179-ssec.4) If the offender acts in a way that makes the hearing of the evidence or application in the offender’s presence impracticable, the court may order that— the offender be removed; and the hearing of the application continue in the offender’s absence. (sec.179-ssec.5) If the court is satisfied that the offender is unable to be present during the hearing of the evidence or application because of the offender’s illness or another reason, the court may allow the offender to be absent during the whole or a part of the hearing if it is satisfied that— the offender’s interests will not be prejudiced by the hearing continuing in the offender’s absence; and the interests of justice require that the hearing should continue in the offender’s absence. - (a) evidence under section 167 ; and - (b) an application made under section 171 or 172 . - (a) the offender be removed; and - (b) the hearing of the application continue in the offender’s absence. - (a) the offender’s interests will not be prejudiced by the hearing continuing in the offender’s absence; and - (b) the interests of justice require that the hearing should continue in the offender’s absence.