When the accused is absent from a hearing where evidence may be taken without them, is consent to use a document or object treated as given?
General information · Not legal advice
Material to check
In the hearing record we check whether the court treated the case as one where evidence investigation could proceed without the accused's attendance, the notification of the hearing date showing the accused did not appear, and any paper showing a representative or defence counsel did appear.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading combines the two parts: a document or object that the prosecutor and the accused agreed could serve as evidence may be admitted once it is found authentic, and where evidence investigation may proceed without the accused's attendance and the accused does not attend, that agreement is deemed given.
Another reading turns on the exception, written with 'except where a representative or defence counsel attended': where counsel or a representative was present, deemed consent does not apply, so the file must show actual agreement and a finding of authenticity under the first part.
Your judgment
If defence counsel appeared for only part of the hearing, how could the record show whether the exception applied to the papers put in at that time?
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 the exception for a representative or defence counsel, or if a court decision explains who counts as attending and what counts as evidence investigation conducted without the accused.