117Offender to be before court when sentence imposed

117 Offender to be before court when sentence imposed (1) A court must not make an order under Part 3 unless the offender in respect of whom the order is to be made is before the court. Section 49E(8) of the Evidence Act 1939 provides that a requirement that a person be before a court is taken to be satisfied if the person is before the court by way of a communication link in accordance with Part 5, Division 2 of that Act. (2) Subsection (1) does not apply to: (a) an order imposing a fine under section 16; or (b) an order made on the hearing of an appeal.