May the accused be physically restrained during a hearing in the courtroom, and what must the presiding judge find first?
General information · Not legal advice
Material to check
In the hearing record of a practice case, we read where the accused was seated and whether the accused was handcuffed or otherwise held, the presiding judge's order stating the reason for any restraint, and any note recording violence or an attempt to leave during the hearing.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the ban as the starting point: the accused's body is not to be restrained in the courtroom, and only where the presiding judge finds that the accused is at risk of using violence or fleeing may the judge order restraint of the body or another necessary measure.
Another reading stresses that the provision says the judge 'may' order restraint or other measures, so a finding of that risk does not make restraint automatic, and the provision leaves open which measures besides restraint count as necessary, or how the finding is to be recorded.
Your judgment
Where the presiding judge found a risk of flight and chose bodily restraint, what in the hearing record shows the conduct on which that finding rests?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may order restraint or to name the measures available, or if a court decision explains what the judge's finding of risk must rest on.